THE APOTHEOSIS OF LAW. Photogravure after .the Original Painting by Baudry. i x IMII KM !» is the motto of Baudry's picture as it was the inspira- cat orations of Chatham. Burke, and Erskine. OFFICIAL EDITION THE TOftorlb'8 aBeet ©rations FROM THE EARLIEST PERIOD TO THE PRESENT TIME TJTO DAVID J?5BREWER « EDITOR EDWARD A. ALLEN WILLIAM SCHUYLER ASSOCIATE EDITORS UTO TEN VOLUMES VOLUME V. ST. LOUIS CHICAGO FERD. P. KAISER isee Official edition SPECIAL TESTIMONIAL SET Copyright 1899 BY FERD. P. KAISER All rights reserved THE WERNER COMPANY PRINTERS AND BINDERS AKRON, OHIO THE ADVISORY COUNCIL THE RIGHT HON. SIR CHARLES WENTWORTH DILKE, Bart, Member of Parliament — Author of < Greater Britain,* etc., London, England. WILLIAM DRAPER LEWIS, PH. D., Dean of the Department of Law, UNIVERSITY OF PENNSYLVANIA, Philadelphia. WILLIAM P. TRENT, M.A., Dean of the Department of Arts and Sciences, and Professor of Eng- lish and History, UNIVERSITY OF THE SOUTH, Sewanee, Tenn. W. STUART SYMINGTON, JR., PH. D., Professor of the Romance Languages, AMHERST COLLEGE, Amherst, Mass. ALCEE FORTIER, LIT. D., Professor of the Romance Languages, TULANE UNIVERSITY, New Orleans, La. WILLIAM VINCENT BYARS, Journalist, St Louis, Mo. RICHARD GOTTHEIL, PH. D., Professor of Oriental Languages, COLUMBIA UNIVERSITY, in the city of New York. AUSTIN H. MERRILL, A.M., Professor of Elocution, VANDERBILT UNIVERSITY, Nashville, Tenn. SHELDON JACKSON, D. D., LL. D., Bureau of Education, Washington, D. C, A. MARSHALL ELLIOTT, PH.D., LL. D., Professor of the Romance Languages, JOHNS HOPKINS UNIVERSITY, Baltimore, Md. JOHN W. MILLION, A. M., President of HARDIN COLLEGE, Mexico, Mo. J. RAYMOND BRACKETT, PH. D., Dean of the College of Liberal Arts, and Professor of Comparative Literature, UNIVERSITY OF COLORADO, Boulder, Colo. WILLIAM F. PEIRCE, A.M., L.H.D., President of KENYON COLLEGE, Gambier, Ohio. S. PLANTZ, PH.D..D. D., President of LAWRENCE UNIVERSITY, Appleton, Wis. GEORGE TAYLOE WINSTON, LL.D., President of the UNIVERSITY OF TEXAS, Austin. Texas, TABLE OF CONTENTS VOLUME V LIVED PAGE DANTON, GEORGE JACQUES 1 759-1794 1623 <( To Dare, to Dare Again ; Always to Dare w <( Let France Be Free, Though My Name Were Ac- cursed w Against Imprisonment for Debt Education, Free and Compulsory Freedom of Worship "Squeezing the Sponge }) DAVIS, DAVID 1815-1886 1634 On Appeal from the Caucus DAVIS, HENRY WINTER 1817-1865 1641 Reasons for Refusing to Part Company with the South Constitutional Difficulties of Reconstruction DAVIS, JEFFERSON 1808-1889 1650 Announcing the Secession of Mississippi Inaugural Address of 1861 Against Clay and Compromise DAVITT, MICHAEL 1846- 1666 Ireland a Nation, Self-Chartered and Self-Ruled DAWES, HENRY LAURENS 1816- 1671 The Tariff Commission of 1880 DAYTON, WILLIAM L. 1807-1864 1676 Arraigning President Polk Issues Against Slavery Forced by the Mexican War VI LIVED PAGE DEMOSTHENES 384-322 B. C. 1685 The Oration on the Crown The Second Olynthiac The Oration on the Peace The Second Philippic DEPEW, CHAUNCEY M. 1834- 1769 The Columbian Oration Liberty Enlightening the World The Military Spirit in America England and America Since the Spanish War Poetry and Politics in Britain DERBY, THE EARL OF 1799-1869 1800 The Emancipation of British Negroes X)ERING, SIR EDWARD 1598-1644 1805 For the Encouragement of Learning Religious Controversy in Parliament DESEZE, RAYMOND 1748-1828 1811 Defending Louis XVI. DESMOULINS, CAMILLE 1760-1794 1815 Live Free or Die D'EwES, SIR SIMON 1602-1650 1818 The Antiquity of Cambridge DEWEY, ORVILLE 1794-1882 1822 The Genius of Demosthenes The Rust of Riches DEXTER, SAMUEL 1761-1816 1825 « The Higher Law » of Self-Defense DIAZ, PORFIRIO 1830- 1832 Mexican Progress DICKERSON, MAHLON 1769-1853 1836 The Alien and Sedition Acts of the Adams Admin- istration vii LIVED PACK DICKINSON, DANIEL S. 1800-1866 1844 Rebuking Senator Clemens of Alabama DICKINSON, JOHN 1732-1808 1849 The Declaration on Taking Up Arms DIDON, PERE 1840- 1856 Christ and Higher Criticism DIGBY, GEORGE, LORD 1612-1676 1861 * Grievances and Oppressions n Under Charles I. The Army in Domestic Politics DILKE, SIR CHARLES WENTWORTH, BART. 1843- 1871 America Omphalism Dix, JOHN A. 1798-1879 1883 Christianity and Politics DOD, ALBERT B. 1805-1845 1885 The Value of Truth DONNE, JOHN 1753-1631 1888 Man Immortal, Body and Soul DOOLITTLE, JAMES R. 1815- 1891 The Attitude of the West in the Civil War In Favor of Re-Union DORSET, THE EARL OF 1591-1652 1898 In Favor of Slitting Prynne's Nose DOUGHERTY, DANIEL 1826-1889 1904 « Hancock the Superb9 DOUGLAS, FREDERICK 1817-1895 1906 A Plea for Free Speech in Boston DOUGLAS, STEPHEN A. 1813-1861 1910 Reply to Lincoln "Expansion* and Co-operation with England Kansas and <( Squatter Sovereignty )} The John Brown Raid The Issues of 1861 Vlll LIVED PAGE Dow, LORENZO, JUNIOR 1777-1834 1932 Improvement in America Hope and Despair DRAKE, CHARLES D. 1811-1892 1936 Against (< Copperheads » DRUMMOND, HENRY 1851-1897 1940 The Greatest Thing in the World Preparation for Learning A Talk on Books D WIGHT, TIMOTHY 1752-1817 1968 The Pursuit of Excellence EDMUNDS, GEORGE F. 1828- 1971 The Constitution and the Electoral Commission EDWARDS, JONATHAN 1703-1758 1976 Eternity of Hell Torments Wrath Upon the Wicked to the Uttermost Sinners in the Hands of an Angry God ELIOT, SIR JOHN 1592-1632 1985 On the Petition of Right ELLSWORTH, OLIVER 1745-1807 1993 Union and Coercion EMERSON, RALPH WALDO 1803-1882 1999 The Greatness of a Plain American The American Scholar Man the Reformer Uses of Great Men FULL-PAGE ILLUSTRATIONS VOLUME V PAGE The Apotheosis of Law Frontispiece Danton on the Tenth of August (Portrait Design, Photogravure) 1623 Demosthenes (Portrait, Photogravure) 1685 Chauncey M. Depew (Portrait, Photogravure) 1769 The Earl of Derby (Photogravure) 1800 The Gallery of Battles at Versailles (Photogravure) 1815 Stephen A. Douglas (Portrait, Photogravure) 1910 wEcce Homo!" (Photogravure) 1940 DANTON ON THE TENTH OF AUGUST. Photogravure after an Undated French Design, having the Characteristics of the Revolutionary Period. |N THE tenth of August, 1792, Danton led the attack on the Tuileries. He is shown in the illustration ordering re-enforcements to the attack which is progressing in the background. In the portrayal of his features, the illustration follows the most authentic portraits. 1623 GEORGE JACQUES DANTON (1759-1794) LNTON, the greatest of the French Jacobins, and one of the most formidable figures in modern history, was born at Arcis-sur-Aube, October 28th, 1759, and he had not completed his thirty-fifth year when he went to the guillotine, declaring it better to live a poor fisherman than to have anything to do with the gov- ernment of men. No other man in modern times has so well and so reasonably em- bodied the latent fierceness of society. When the young French Republic was hemmed round with enemies; when all the forces of the world seemed leagued against the handful of radicals and fanatics who were attempting to make a constructive force out of the chaotic impulses of the Parisian mob, Danton gave the keynote of his own character and of the character of the great epoch which created him, in a single sentence: <(To conquer we have need to dare, to dare again, always to dare; and France will be saved!® That sentence and yet another of Danton's overthrew Bourbonism. The other was: "Let France be free, though my name were accursed!0 When a man of average abilities and average education so devotes himself to any cause that he accepts in advance, as a probable inci- dent of his work, not merely death, but infamy, he has already more than half accomplished the possibilities of such achievement as made Danton the constructive power by virtue of which the French Re- public of the last quarter of the nineteenth century developed out of the Reign of Terror. In the Arabian story those who attempt to climb an enchanted mountain to find the talisman of power at the top are assailed at every step of their upward progress by shrieks of execration from unseen enemies attacking them from behind with every imaginable calumny, every conceivable insult. Those who stop to answer or turn back to punish these intangible "conservative forces0 are at once transformed to smooth, black stones, destined to remain inert under the power of obstruction until some one comes, so strong, so self-contained, so capable of maintaining a set purpose, that, like Danton, he will press forward to his object without fearing either the death or the infamy with which he is threatened. Then the smooth stones once more become men, and by virtue of the GEORGE JACQUES DANTON strength of the one leader as they crowd around him, all their fail- ures become a part of his success. If the story were an allegory as it seems to be, it would come nearer than any biography of Danton can come to suggesting the secret of his success and of his overthrow. He was at once devoted and desperate. Threatened with everlasting infamy, he considered what it would mean, and took the risk. He saw certain death before him, and went forward to meet it, shrinking less from it for himself than he had done in inflicting it on others. It is doubtful if such a man could be created except through the very forces he so fiercely antagonized. The impulse of tyranny, of mastering men so as to compel them at their peril to accept the will of another, is shown in the life of Danton as it was in that of the other Attilas who are recognized by the generations after them as (< Scourges of God." But neither an Attila nor a Danton could exist in a normal society. It is only when a civilization is effete that the strongest men become at once disorganizers and reorganizers. It is part of the theory of Pasteur that as soon as life leaves matter the same invisible organ- isms which operated to keep it alive begin to disintegrate it, that it may be reorganized into other, and in the sum of things into higher forms of life. We cannot study the life and work of such menacing and Titanic figures as Danton without seeing that in its economies and the conservation of its energies, nature is a unit, true to itself in what is greatest as in what is least. Danton was a struggling young lawyer in Paris when the Revolu- tion overtook him. In the Cordeliers Club he fitted himself for the popular leadership which came to him as a result of his fitness, when Mirabeau, the idol of the people, deserted them for the court. Called the "Mirabeau of the Sans-Culottes,* Danton did not disdain the title. He accepted as an existing fact the wild desire of the populace of Paris to be free; their fierce determination to go to any extreme rather than return to the old order of things; and counting on it not only as a fact but as a force of the greatest possibilities, he at- tempted to use it first to demolish entirely the ruins of the monarchy and on the old foundations to build the splendid structure of his ideal Republic. His people were not fit for his ideal, nor was he himself. Loving justice, mercy, and liberty, he could still reconcile himself to shedding the blood of those he respected for their inten- tions, while he opposed their purposes. In his own death he foresaw and prophesied that of Robespierre. No doubt, he foresaw the guillotine for himself in the death of Vergniaud. It is certain that he was doomed when, regretting the (< logic of the situation * which sent the Girondists to the scaffold, he did not oppose to it the same fiery energy that had saved the Republic from the Bourbons. GEORGE JACQUES DANTON But his character shows always the same radical fault which appears in his oratory. He had for the time being the almost omnipotent power of passion, directed by intellect, but too intense to be sus- tained, and ending in inevitable reaction. It was in the impotence of such a reaction that on April sth, 1794, Danton accepted the inevit- able and went to the scaffold, leaving France and civilization "in a frightful welter," out of which were to come Napoleon, Hugo, Thiers, and Gambetta, Garrison, Phillips, Sumner, and Lincoln. W. V. B. TO DARE, TO DARE AGAIN; ALWAYS TO DARE (Delivered in the National Assembly, September ad, 1792, on the Defense of the Republic) IT SEEMS a satisfaction for the ministers of a free people to an- nounce to them that their country will be saved. All are stirred, all are enthused, all burn to enter the combat. You know that Verdun is not yet in the power of our ene- mies and that its garrison swears to immolate the first who breathes a proposition of surrender. One portion of our people will guard our frontiers, another will dig and arm the entrenchments, the third with pikes will defend the interior of our cities. Paris will second these great efforts. The commissioners of the Commune will solemnly pro- claim to the citizens the invitation to arm and march to the de- fense of the country. At such a moment you can proclaim that the capital deserves the esteem of all France. At such a mo- ment this National Assembly becomes a veritable committee of war. We ask that you concur with us in directing this sublime movement of the people, by naming commissioners to second and assist all these great measures. We ask that any one refusing to give personal service or to furnish arms shall meet the pun- ishment of death. We ask that proper instructions be given to the citizens to direct their movements. We ask that carriers be sent to all the departments to notify them of the decrees that you proclaim here. The tocsin we shall sound is not the alarm signal of danger, it orders the charge on the enemies of France. [Applause.] To conquer we have need to dare, to dare again, always to dare! And France will be saved! (Pour les vaincre, il nous faut de Vaudace; encore de Faudace, toujours de Vaudace; et la France est sauvSe.) GEORGE JACQUES DANTON «LET FRANCE BE FREE, THOUGH MY NAME WERE ACCURSED » (On the Disasters on the Frontier — Delivered in Convention, March loth, 1793) THE general considerations that have been presented to you are true ; but at this moment it is less necessary to examine the causes of the disasters that have struck us than to apply their remedy rapidly. When the edifice is on fire, I do not join the rascals who would steal the furniture, I extinguish the flames. I tell you therefore you should be convinced by the dispatches of Dumouriez that you have not a moment to spare in saving the Republic. Dumouriez conceived a plan which did honor to his genius. I would render him greater justice and praise than I did recently. But three months ago he announced to the executive power, your General Committee of Defense, that if we were not audacious enough to invade Holland in the middle of winter, to declare in- stantly against England the war which actually we had long been making, that we would double the difficulties of our cam- paign, in giving our enemies the time to deploy their forces. Since we failed to recognize this stroke of his genius, we must now repair our faults. Dumouriez is not discouraged ; he is in the middle of Holland, where he will find munitions of war; to overthrow all our ene- mies, he wants but Frenchmen, and France is filled with citizens. Would we be free ? If we no longer desire it, let us perish, for we have all sworn it. If we wish it, let all march to defend our independence. Your enemies are making their last efforts. Pitt recognizing he has all to lose, dares spare nothing. Take Hol- land, and Carthage is destroyed and England can no longer exist but for Liberty! Let Holland be conquered to Liberty; and even the commercial aristocracy itself, which at the moment dominates the English people, would rise against the government which had dragged it into this despotic war against a free people. They would overthrow this ministry of stupidity, who thought the methods of the ancien regime could smother the genius of Lib- erty breathing in France. This ministry once overthrown in the interests of commerce, the party of Liberty would show itself; for it is not dead! And if you know your duties, if your com- missioners leave at once, if you extend the hand to the strangers GEORGE JACQUES DANTON aspiring to destroy all forms of tyranny, France is saved and the world is free. Expedite, then, your commissioners; sustain them with your energy; let them leave this very night, this very evening. Let them say to the opulent classes, the aristocracy of Europe must succumb to our efforts, and pay our debt, or you will have to pay it! The people have nothing but blood, — they lavish it! Go, then, ingrates, and lavish your wealth! [Wild applause.] See, citizens, the fair destinies that await you. What! you have a whole nation as a lever, its reason as your fulcrum and you have not yet upturned the world! To do this we need firmness and character, and of a truth we lack it. I put to one side all passions. They are all strangers to me save a passion for the public good. In the most difficult situations, when the enemy was at the gates of Paris, I said to those governing: (< Your discussions are shameful, I can see but the enemy." [Fresh applause.] You tire me by squabbling in place of occupying yourselves with the safety of the Repubic! I repudiate you all as traitors to our country! I place you all in the same line!" I said to them: "What care I for my reputation! Let France be free, though my name were accursed ! w What care I that I am called " a blood-drinker"! Well, let us drink the blood of the enemies of humanity, if needful; but let us struggle, let us achieve free- dom. Some fear the departure of the commissioners may weaken one or the other section of this convention. Vain fears! Carry your energy everywhere. The pleasantest declaration will be to announce to the people that the terrible debt weighing upon them will be wrested from their enemies or that the rich will shortly have to pay it. The national situation is cruel. The representatives of value are no longer in equilibrium in the cir- culation. The day of the workingman is lengthened beyond necessity. A great corrective measure is necessary! Conquerors of Holland reanimate in England the Republican party; let us advance France and we shall go glorified to posterity. Achieve these grand destinies; no more debates, no more quarrels, and the Fatherland is saved. l62g GEORGE JACQUES DANTON AGAINST IMPRISONMENT FOR DEBT (Delivered in the Convention, March gfh, 1793) BEYOND a doubt, citizens, the hopes of your commissioners will not be deceived. Yes, your enemies, the enemies of lib- erty shall be exterminated, for your efforts shall be relent- less. You are worthy the dignity of regulating and controlling the nation's energy. Your commissioners, disseminated in all parts of the Republic, will repeat to Frenchmen that the great quarrel between despotism and liberty shall soon terminate. The people of France shall be avenged; it becomes us then to put the political world in harmony, to make laws in accord with such harmony. But before we too deeply entertain these grander ob- jects, I shall ask you to make a declaration of a principle too long ignored; to abolish a baneful error, to destroy the tyranny of wealth upon misery. If the measures I propose be adopted, then Pitt, the Breteuil of English diplomacy, and Burke, the Abbe Maury of the British Parliament, who are impelling the English people to-day against liberty, may be touched. What do you ask ? You would have every Frenchman armed in the common defense. And yet there is a class of men sullied by no crime, who have stout arms, but no liberty. They are the unfortunates detained for debt. It is a shame for humanity, it is against all philosophy, that a man in receiving money can pawn his person as security. I can readily prove that this principle is favorable to cupidity, since experience proves that the lender takes no pecuniary security, since he has the disposition of the body of his debtor. But of what importance are these mercantile considerations ? They should not influence a great nation. Prin- ciples are eternal, and no Frenchman can be rightly deprived of his liberty unless he has forfeited it to society. The possessing and owning class need not be alarmed. Doubtless, some indi- viduals go to extremes, but the nation, always just, will respect all the proprieties. Respect misery, and misery will respect opulence. [Applause.] Never wrong the unfortunate, and the un- forttmate, who have more soul than the rich, will remain guilt- less. [Loud applause.] GEORGE JACQUES DANTON I ask that this National Convention declare that every French citizen imprisoned for debt shall be liberated, because such im- prisonment is contrary' to moral health, contrary to the rights of man, and to the true principles of liberty. EDUCATION, FREE AND COMPULSORY (From a Speech Delivered in the Convention, August I3th, 1793) Citizens: — AFTER having given liberty to France; after having vanquished her enemies, there can be no honor greater than to prepare for future generations an education in keeping with that liberty. This is the object which Lepeletier proposes: that all that is good for society shall be adopted by those who live under its social contract. ... It has been said that paternal affec- tion opposes the execution of such plans. Certainly we must respect natural rights even in their perversion. But even if we do not fully sustain compulsory schooling, we must not deprive the children of the poor of an education. The greatest objection has been that of finding the means; but I have already said there is no real extravagance where the good result to the public is so great, and I add the principle that the child of the poor can be taught at the expense of the super- fluities of the scandalous fortunes erected among us. It is to you who are celebrated among our Republicans that I appeal; bring to this subject the fire of your imagination, the energy of your character. It is the people who must endow national edu- cation. When you commence to sow this seed of education in the vast field of the Republic, you must not count the expense of reaping the harvest. After bread, education is the first need of a people. [Applause.] I ask that the question be submitted, that there be founded at the expense of the nation establish- ments where each citizen can have the right to send his children for free public instruction. It is to the monks — it is to the age of Louis XIV., when men were great by their acquirements, that we owe the age of philosophy, that is to say, of reason, brought to the knowledge of the people. To the Jesuits, lost by their politi- cal ambitions, we owe an impetus in education evoking our ad- miration. But the Republic has been in the souls of our people, jg^jo GEORGE JACQUES DANTON twenty years ahead of its proclamation. Corneille wrote dedica- tions to Montauron, but Corneille made the 'Cid,' 'Cinna'; Cor- neille spoke like a Roman, and he who said : (< For being more than a king you think you are something,* was a true Repub- lican. Now for public instruction; everything shrinks in domestic teaching, everything enlarges and ennobles in public communal instruction. A mistake is made in presenting a tableau of pa- ternal affections. I, too, am a father, and more so than the aristocrats who oppose public education, for they are never sure of their paternities. [Laughter.] When I consider my rights relatively to the general good I feel elevated; my son is not mine. He belongs to the Republic. Let her dictate his duties that he can best serve her. It has been said it is repugnant to the heart of our peasantry to make such sacrifice of their children. Well, do not constrain them too much. Let there be classes, if necessary, that only meet on the Sabbath. Begin the system by a gradual adaptation to the manners of the people. If you expect the State to make an instant and absolute regen- eration, you will never get public instruction. It is necessary that each man develop the moral means and methods he received from nature. Have for them all communal houses and faculties for instruction, and do not stop at any secondary considerations. The rich man will pay, and will lose nothing if he will profit for the instruction of his son. I ask, then, that under suitable and necessary modifications you decree the erection of national establishments where child- ren can be instructed, fed, and lodged gratuitously, and the cit- izens who desire to retain their children at home can send them there for instruction. Convention, December i2th, 1793. — It is a proper time to establish the principle which seems misunderstood, that the youth belong to the Republic before they belong to their parents. No one more than myself respects nature, but of what avail the rea- soning of the individual against the reason of the nation ? In the national schools the child will suck the milk of Republican- ism. The Republic is one and indivisible. Public instruction produces such a centre of unity. To none, then, can we accord the privilege of isolation from such benefits. GEORGE JACQUES D ANTON jg-, FREEDOM OF WORSHIP (Delivered in the Convention, April i8th, 1793) WE HAVE appeared divided in counsel, but the instant we seek the good of mankind we are in accord. Vergniaud has told us grand and immortal truths. The Constitutional As- sembly, embarrassed by a king, by the prejudices which still enchain the nation, and by deep-rooted intolerance, has not up- rooted accepted principles, but has done much for liberty in consecrating the doctrine of tolerance. To-day the ground of liberty is prepared and we owe to the French people a govern- ment founded on bases pure and eternal! Yes! we shall say to them: Frenchmen you have the right to adore the divinity you deem entitled to your worship : <( The liberty of worship, which it is the object of law to establish, means only the right of individ- uals to assemble to render in their own way homage to the Deity." Such a form of liberty is enforcible only by legal regulations and che police, but you do not wish to insert regulating laws in your declaration of rights. The right of freedom of worship, a sacred right, will be protected by laws in harmony with its principles. We will have only to guarantee these rights. Human reason cannot retrograde; we have advanced too far for the people ever to believe they are not absolutely free in religious thought, merely because you have failed to engrave the principle of this liberty on the table of your laws. If superstition still seem to inhere in the movements of the Republic, it is because our political ene- mies always employ it. But look! everywhere the people, freed from malevolent espionage, recognize that any one assuming to interpose between them and their God is an impostor. « SQUEEZING THE SPONGE » (On Taxing the Rich — Delivered in the Convention, April 27th, 1793) You have decreed * honorable mention w of what has been done for the public benefit by the Department De L' He vault. In this decree you authorize the whole Republic to adopt the same measures, for your decree ratifies all the acts which have just been brought to your knowledge. ,632 GEORGE JACQUES D ANTON If everywhere the same measures be taken, the Republic is saved. No more shall we treat as agitators and anarchists the ardent friends of liberty who set the nation in motion, but we shall say : (< Honor to the agitators who turn the vigor of the people against its enemies ! w When the Temple of Liberty shall be reared, the people will know how to decorate it. Rather perish France than to return to our hard slavery. Let it not be believed we shall become barbarians after we shall have founded liberty. We shall embellish France until the despots shall envy us; but while the ship of State is in the stress of storm, beaten by the tempest, that which belongs to each, be- longs to all. No longer are Agrarian Laws spoken of! The people are wiser than their calumniators assumed, and the people in mass have much more sense than many of those who deem them- selves great men. In a people we can no more count the great men than we can count the giant trees in the vast forest. It was believed that the people wanted the Agrarian Law, and this may throw suspicion on the measures adopted by the De- partment De L'Hevault. It will be said of them: "They taxed the rich*; but, citizens, to tax the rich is to serve them. It is rather a veritable advantage for them than any considerable sacrifice; and the greater the sacrifice, the greater the usufruct, for the greater is the guarantee to the foundation of property against the invasion of its enemies. It is an appeal to every man, according to his means, to save the Republic. The appeal is just. What the Department De L'Hevault has done, Paris and all France will do. See what resources France will procure. Paris has a luxury and wealth which is considerable. Well, by decree, this sponge will be squeezed! And with singular satis- faction it will be found that the people will conduct their revo- lution at the expense of their internal enemies. These enemies themselves will learn the price of liberty and will desire to possess it, when they will recognize that it has preserved for them their possessions. Paris in making an appeal to capitalists will furnish her con- tingent, which will afford means to suppress the troubles in La Vendee; for, at any sacrifice, these troubles must be suppressed. On this alone depends your external tranquillity. Already, the Departments of the north have informed the combined despots that your territory cannot be divided; and soon you will prob- GEORGE JACQUES DANTON ably learn of the dissolution of this formidable league of kings. For in uniting against you, they have not forgotten their an- cient hatreds and respective pretensions; and if the Executive Council had had a little more latitude, the league might be al- ready completely dissolved. Paris, then, must be directed against La Vendee. All the men needed in this city to form a reserve camp should be sent at once to La Vende'e. These measures once taken, the rebels will disperse, and, like the Austrians, will commence to kill each other. If the flames of this civil discord be extinguished, they will ask of us peace! v — 103 1634 DAVID DAVIS (1815-1886) DAVIS, celebrated for his independent position during a period of strong partisanship, was born in Cecil County, Maryland, March pth, 1815, but he removed to Illinois at an age so early that, historically, he is completely identified with that State. He was a Republican, strongly supporting all the measures of that party for the restoration of the Union and the suppression of resistance to Federal authority, but after the war ended, without leav- ing the party, he asserted his right to use his individual judgment regardless of caucuses or of what he considered merely partisan poli- cies. This attitude, well represented in his speech of April 22d, 1879, had a great influence on the politics of his time. He is supposed to have been the original type of the (< Statesman on the Fence, w but the jest of partisan paragraphers did not impair his usefulness or make him a less respectable figure, historically. He was Associate- Justice of the United States Supreme Court from 1862 to 1877; United States Senator from Illinois from 1877 to 1883, and from 1881 to 1883 acting Vice-President of the United States. He died at Bloomington, Illinois, June 26th, 1886. ON APPEAL FROM THE CAUCUS (From the Speech on Freedom of Elections, Delivered in the United States Senate, April 22d, 1879) Mr. President: — THE caucus is an important factor in American politics, and both the great parties of the country employ its agency. This is done on the theory that party action is most easily perfected by this method. I do not complain of the mode adopted to reach results, but as I have been for many years viewing public affairs from an independent standpoint, it does not help me to decide any question that may come before the Senate. Although usually ^preferring to give a silent vote, I cannot suffer this measure to be\ passed on without saying something on the subject. DAVID DAVIS The heat that has been manifested on the occasion of this debate has surprised me, if anything can surprise me in politics. A stranger unaccustomed to our modes of debate would suppose that the Union were in danger, and that the old questions, pas- sions, prejudices, and purposes which it had been thought were laid aside forever were again revived. And this, too, fourteen years after the rebellion was conquered, and when there is no complaint from any quarter that the Federal compact presses too hard upon one section at the expense of another, and when the Federal Government is obeyed throughout the entire South. There does not seem to be the least ground for the excite- ment and bitterness that have characterized the discussions in Congress at this session, and I should be amazed were it not that the record of all parties proves that majorities invariably commit legislative wrongs and minorities invariably protest against them. If it be true as charged that the success of one of the great parties of the country means revolution and ruin to consti- tutional liberty, of what value would be the securities of the Government, or, indeed, any other species of prosperty ? In the nature of things, if a revolution were impending or there were any danger apprehended to free government or popular liberty, the Government would not be able to sell bonds at four per cent. interest, nor the stock market in New York to maintain its pres- ent high rate. This charge, Mr. President, is mere fiction and has no foun- dation to rest on; but it produces infinite mischief and tends to demoralize the country and every material interest in it, alarms the thoughtless and timid, unsettles business and values, and produces a state of unrest in every community. It may succeed in winning elections, but it cannot restore prosperity. That great object can never be accomplished through a continuance of sec- tional strife and the violence that accompanies it, nor do I be- lieve the people are in the mood for this kind of politics. They have had more than five years of harsh experience and they want to find some mode of relief from thei* present sufferings and impoverished condition. And they will honor the statesman who contributes to the stock of knowledge on this subject rather than the political leader who will not let the past alone. I have no personal concern, Mr. President, in the rise and fall of parties, but I am deeply solicitous that the affairs of Government shall be so administered that labor seeking employ- 1636 DAVID DAVIS ment can obtain it; that all industrial pursuits will be suitably rewarded, and that heart be given to the people, North and South, to work out of their present embarrassments. We are one people, of the same blood and with the same destiny, and unity of feeling is essential to lift us out of the mire and to help us on the road to prosperity. The different parts of our common country are so . intimately connected in trade and commerce that, as a general rule, what- ever injuriously affects one part has a corresponding effect on the other, and whatever benefits the one benefits the other. It is, Mr. President, in my judgment, the imperative duty of the hour, instead of turning the attention of the people back into history with its animosities, to direct it to the troubled business interests of the country and the way to relieve them. With the past buried and discussions on living issues, the people would soon regain confidence, which is essential in any plan for relieving the present hard times. It may be that such a course would affect the fortunes of parties — for both parties in Congress on any question of practical legislation fall to pieces — but it would have the most beneficial effect upon the fortunes of the country. Without intending to reflect upon the patriotism of either party, it does appear to me that the speeches on the pending bill do not represent the wishes or opinions of the masses of the people of either section. Experience has taught them that legiti- mate business principles which lead to wealth and social happi- ness require a cessation from agitation on past subjects, and that sound policy dictates the cultivation of peace and good-will be- tween the sections. The country, Mr. President, cannot be pros- perous so long as the old conflict between the North and South is used at each recurring presidential election as an instrument- ality of party success, and the statesman who shall rise equal to the occasion, and put it at rest, will receive the gratitude of a suffering people. The bill before us is for the support of the Army for the ensiling fiscal year. It is attacked because the sixth section alters two provisions of the Revised Statutes. Section 2002 of these statutes reads as follows: — (y Bonneville. • the biographers of Demosthenes, his father owned *a manufactory of swords, and another of upholstery, worth about $i7,5. M In the legend under this portrait, designed in tin of !•' re-nth Jacobinism, he is called «the enemy of tyrants, M and the " manufacturer " of j>olite biography is popularized as a blacksmith. 1685 DEMOSTHENES (384-322 B.C.) }HE Oration on the Crown has been called the greatest oration of the world's greatest orator. If it be so, it is because Demosthenes is defending civilization in defending himself as the champion of Athenian autonomy and liberty. The Athens of his day represented all that was highest in intellect, and in the ap- plication of intellect to art, to science, to philosophy, to moral force in government. Against it, threatening its overthrow, was the blind desire of empire, the primitive instinct of coercion, the savage pride in dominating the strong and subjugating the weak, represented by Philip and his Macedonians. Athens, a small State, forced to rely almost wholly on intellectual resources, had by virtue of them be- come the most conspicuous nation in Europe. Athenian diplomacy, the subtle, intangible, all-pervading forces of mind which Demos- thenes and his work enable later generations to understand as essen- tially Attic qualities, influenced not only the policies of Greece, but those of every civilized people in the known world. The Greece which produced and energized Demosthenes had been itself energized by two great ideas — the ideals of Athens and of Sparta. The one was of grace, the other of strength. The Athe- nian believed that he ought to develop all his faculties and enjoy them. The Spartan held life useless unless it developed character at the expense of .enjoyment. The Athenian was incredibly quick, subtle, aesthetic. The Spartan was strong, simple, self-denying. So opposite in their virtues they had the same fundamental weakness — a defective sense of justice. Of the Athenian character as it had reached its logical climax in the time of Demosthenes, Rufus Choate shows a just appreciation when he writes: — « Whether Republics have usually perished from injustice need not be de- bated. One there was, the most renowned of all, that certainly did so. The injustice practiced by the Athens of the age of Demosthenes upon its citizens, and suffered to be practiced by one another, was as marvelous as the capaci- ties of its dialect, as the eloquence by which its masses were regaled, and swayed this way and that as clouds, as waves, — marvelous as the long ban- quet of beauty in which they reveled, — as their love of Athens, and their passion for glory. There was not one day in the whole public life of Demos- thenes when the fortune, the good name, the civil existence of any consider- able man was safer there than it would have been at Constantinople or Cairo DEMOSTHENES under the very worst forms of Turkish rule. There was a sycophant to accuse, a demagogue to prosecute, a fickle, selfish, necessitous court — no court at all, only a commission of some hundreds or thousands from the public assembly sitting in the sunshine, directly interested in the cause — to pro- nounce judgment. And he who rose rich and honored might be flying at night for his life to some Persian or Macedonian outpost, to die by poison on his way in the Temple of Neptune. » This is the central truth in the life of Greece as it is in that of the greatest Greek orator and statesman. It must be kept in mind in reading every period of the ( Oration on the Crown, > that then, as always when he spoke on public affairs, the patriot staked fortune, honor, life, on his words. Between ^Eschines, the rival of Demosthe- nes, and Demosthenes himself, the issue is always possibly one of life and death — certainly of exile for the loser. But with Demosthenes, it is infinitely higher and broader. He feels that in controling Athens he is moving Greece and the world. He is staking every- thing for his country and braving for his countrymen the certainty of ingratitude, treachery, and persecution to save them and their civ- ilization from being overcome by encircling and menacing barbarism. As he came forward to deliver the Oration on the Crown,* Demos- thenes stood for fruitless patriotism, defeated by the injustice of those it would save. Neither Sparta nor Athens was longer com- petent to lead Europe. The Macedonians, half Greek, half barbarian, represented the logic of the situation created by the fraud and force of the long struggle for the <( hegemony w of Greece. The sovereignty of intellect which Athens might have held against the world was challenged. It was now a question of the Macedonian phalanx against oratory addressed to a people so aesthetic as to be capable of protesting loudly against the use of a grave accent in place of an acute, but with none of that governing public conscience through which alone moral force can exercise itself. The ( Oration on the Crown * seems to be largely personal and in some measure egotistical, but in defending himself Demosthenes, at- tacked by the Macedonian party at Athens, feels that he is still de- fending Athens against Macedon, liberty against Philip, civilization against barbarism. In this feeling he was justified. He had led Athe- nian opposition to the aggressions of Macedon from the first, and in 338 B. C., when Philip of Macedon so disastrously defeated the Athenians and their allies at Chaeronea, Demosthenes, one of the officials in charge of the walls of Athens, had used his own money freely to re- pair them. After the panic following the battle was over, Ktesiphon, on behalf of the friends of Demosthenes and the opponents of Philip, moved that the orator <( should be presented with a golden crown and that a proclamation should be made in the theatre at the great DEMOSTHENES 1687 Dionysian festival, at the performance of the new tragedies, announc- ing that Demosthenes was rewarded by the people with a golden crown for his integrity, for the good-will which he had invariably displayed towards the Greeks and towards the people of Athens, and also for his magnanimity, and because he had ever both by word and deed promoted the interests of the people and been zealous to do all the good in his power." Rallying behind JEschines, the Macedonian party attacked Ktesi- phon as a means of ruining Demosthenes. They alleged that the measure he proposed was unlawful; first, because it was unlawful to make a false allegation in any public document; second, that it was unlawful to vote a crown to any official who had still a report to make of his official conduct; and third, that the Dionysian festival was not lawfully the place for presenting crowns. Of course, the case turned on the question of whether or not Ktesiphon in moving to crown Demosthenes as a patriot and public benefactor had moved to place a lie in the archives of Athens. Demosthenes was thus put on trial for his Philippics, for his Olynthaics, for all the other orations he had delivered against Philip and the Macedonian movement since he began his crusade twenty years before (351-352 B.C.). After the ac- cusation had been preferred against Ktesiphon, it was allowed to rest seven years (until 330 B. C.). When trial was forced, Philip was dead, and Alexander being at the height of his successes, the cause of Demosthenes seemed hopeless. Nevertheless, all Greece, understand- ing that the prosecution was not against Ktesiphon, but against Demosthenes as the representative of the old Greek idea of small independent states in friendly alliance, watched the case with breath- less interest. When Demosthenes won it, ^Eschines went into exile, but in 324 Demosthenes was himself exiled by the Macedonian party, and in 322 he took poison to escape death at their hands. He was born at Paeania, Attica, 384 (385 ?), B. C., and died at Calauria in the Temple of Neptune where he had taken sanctuary from Macedonian pursuit, 322 B. C. He was not a philosopher or an essayist like Cicero, whose all-embracing mind considered nothing in the visible or invisible universe foreign to it. He was a patriot, a statesman, a great thinker, because his sympathies with his country and what it stood for made him so. His style may seem unadorned, but that is merely another way of calling it Attic. Indeed, it was ob- jected by one of his contemporaries that he allowed himself more ornament than the laws of good taste warranted. No one in modern times will make such a complaint of his direct and rapid sentences, compelled as they are by the earnestness of one of the greatest in- tellects in the history of the world. DEMOSTHENES THE ORATION ON THE CROWN (Delivered at Athens, 330 B.C., in Defense of Ktesiphon — from the Transla- tion of Kennedy. Following the plan of the work under which the < World's Best Orations > are published in full, the < Oration on the Crown > is given complete, as are also the Second Olynthaic, the Second Philippic, and the < Oration on the Peace. >) I BEGIN, men of Athens, by praying to every god and goddess that the same good-will which I have ever cherished toward the commonwealth and all of you, may be requited to me on the present trial. I pray likewise — and this specially con- cerns yourselves, your religion, and your honor — that the gods may put it in your minds not to take counsel of my oppo- nent touching the manner in which I am to be heard, — that would indeed be cruel! — but of the laws and of your oath, wherein (besides the other obligations) it is prescribed that you shall hear both sides alike. This means not only that you must pass no pre-condemnation, not only that you must extend your good-will equally to both, but also that you must allow the par- ties to adopt such order and course of defense as they severally choose and prefer. Many advantages hath ^Eschines over me on this trial; and two especially, men of Athens. First, my risk in the contest is not the same. It is assuredly not the same for me to forfeit your regard, as for my adversary not to succeed in his indict- ment. To me — but I will say nothing untoward at the outset of my address. The prosecution, however, is play to him. My second disadvantage is the natural disposition of mankind to take pleasure in hearing invective and accusation, and to be annoyed by those who praise themselves. To ^Eschines is assigned the part which gives pleasure ; that which (I may fairly say) is offen- sive to all is left for me. And if, to escape from this, I make no mention of what I have done, I shall appear to be without defense against his charges, without proof of my claims to honor; whereas, if I proceed to give an account of my conduct and measures, I shall be forced to speak frequently of myself. I will endeavor, then, to do so with all becoming modesty; what I am driven to by the necessity of the case will be fairly chargeable to my opponent who has instituted such a prosecution. I think, men of the jury, you will all agree that I, as well as Ktesiphon, am a party to this proceeding, and that it is a matter DEMOSTHENES ,6g9 of no less concern to me. It is painful and grievous to be de- prived of anything, especially by the act of one's enemy; but your good -will and affection are the heaviest loss, precisely as they are the greatest prize to gain. Such being the matters at stake in this cause, I conjure and implore you all alike to hear my defense to the charge in that fair manner which the laws prescribe — laws to which their author, Solon, a man friendly to you and to popular rights, thought that validity should be given, not only by the recording of them, but by the oath of you the jurors; not that he dis- trusted you, as it appears to me; but, seeing that the charges and calumnies, wherein the prosecutor is powerful by being the first speaker, cannot be got over by the defendant unless each of you jurors, observing his religious obligation, shall with like favor receive the arguments of the last speaker, and lend an equal and impartial ear to both, before he determines upon the whole case. As I am, it appears, on this day to render an account both of my private life and my public measures, I would fain, as in the outset, call the gods to my aid, and in your presence I im- plore them, first, that the good-will which I have ever cherished toward the commonwealth and all of you may be fully requited to me on the present trial; next, that they may direct you to such a decision upon this indictment as will conduce to your common honor and to the good conscience of each individual. Had ^Eschines confined his charge to the subject of the pros- ecution, I, too, would have proceeded at once to my justification of the decree. But since he has wasted no fewer words in the discussion of other matters, in most of them calumniating me, I deem it both necessary and just, men of Athens, to begin by shortly adverting to these points that none of you may be in- duced by extraneous arguments to shut your ears against my defense to the indictment. To all his scandalous abuse of my private life, observe my plain and honest answer. If you know me to be such as he al- leged— for I have lived nowhere else but among you — let not my voice be heard, however transcendent my statesmanship! Rise up this instant and condemn me! But if, in your opinion and judgment, I am far better and of better descent than my adversary; if (to speak without offense) I am not inferior, I or mine, to any respectable citizen, then give no credit to him for 1690 DEMOSTHENES his other statements, — it is plain they were all equally fictions, — but to me let the same good-will, which you have uniformly ex- hibited upon many former trials, be manifested now. With all your malice, ^Eschines, it was very simple to suppose that I should turn from the discussion of measures and policy to notice your scandal. I will do no such thing; I am not so crazed. Your lies and calumnies about my political life I will examine forthwith; for that loose ribaldry I shall have a word hereafter, if the jury desire to hear it. The crimes whereof I am accused are many and grievous: for some of them the laws enact heavy — most severe penalties. The scheme of this present proceeding includes a combination of spiteful insolence, insult, railing, aspersion, and everything of the kind ; while for the said charges and accusations, if they were true, the state has not the means of inflicting an adequate punish- ment, or anything like it. For it is not right to debar another of access to the people and privilege of speech; moreover, to do so by way of malice and insult — by heaven! is neither honest, nor constitutional, nor just. If the crimes which he saw me committing against the state were as heinous as he so tragically gave out, he ought to have enforced the penalties of the law against them at the time — if he saw me guilty of an impeachable offense, — by impeaching and so bringing me to trial before you; if moving illegal decrees, by indicting me for them. For surely, if he can prosecute Ktesiphon on my account, he would not have forborne to indict me myself, had he thought he could convict me. In short, whatever else he saw me doing to your prejudice, whether mentioned or not mentioned in his catalogue of slander, there are laws for such things, and punishments, and trials, and judgments, with sharp and severe penalties; all of which he might have enforced against me: and had he done so — had he thus pursued the proper method with me, his charges would have been consistent with his conduct. But now he has declined the straightforward and just course, avoided all proofs of guilt at the time, and, after this long interval, gets up, to play his part withal, a heap of accusation, ribaldry, and scandal. Then he arraigns me, but prosecutes the defendant. His hatred of me he makes the prominent part of the whole contest; yet, without having ever met me upon that ground, he openly seeks to de- prive a third party of his privileges. Now, men of Athens, besides all the other arguments that may be urged in Ktesiphon's DEMOSTHENES ,5^, behalf, this, methinks, may very fairly be alleged — that we should try our own quarrel by ourselves; not leave our private dispute, and look what third party we can damage. That surely were the height of injustice. It may appear from what has been said, that all his charges are alike unjust and unfounded in truth. Yet I wish to examine them separately, and especially his calumnies about the peace and the embassy, where he attributed to me the acts of himself and Philocrates. It is necessary also, and perhaps proper, men of Athens, to remind you how affairs stood at those times, that you may consider every single measure in reference to the occasion. When the Phocian War had broken out, — not through me, for I had not then commenced public life, — you were in this posi- tion: you wished the Phocians to be saved, though you saw they were not acting right — and would have been glad for the The- bans to suffer anything, with whom for a just reason you were angry, for they had not borne with moderation their good for- tune at Leuctra. The whole of Peloponnesus was divided: they that hated the Lacedaemonians were not powerful enough to de- stroy them, and they that ruled before by Spartan influence were not masters of the States. Among them, as among the rest of the Greeks, there was a sort of unsettled strife and confusion. Philip, seeing this, — it was not difficult to see, — lavished bribes upon the traitors in every State, embroiled and stirred them all up against each other; and so, by the errors and follies of the rest, he was strengthening himself and growing up to the ruin of all. But when every one saw that the then overbearing, but now unfortunate, Thebans, harassed by so long a war, must of neces- sity have recourse to you, Philip, to prevent this and obstruct the union of the States, offered to you peace, to them succor. What helped him then almost to- surprise you in a voluntary snare ? The cowardice, shall I call it ? or ignorance — or both — of the other Greeks; who, while you were waging a long and incessant war, and that too for their common benefit, as the event has shown, assisted you neither with money nor men, nor anything else whatsoever. You, being justly and naturally of- fended with them, lent a willing ear to Philip. The peace then granted was through such means brought about, not through me, as JEschines calumniously charged. The criminal and corrupt practices of these men during the treaty will be found on fair examination to be the cause of our present 1692 DEMOSTHENES condition. The whole matter I am for truth's sake discussing and going through; for, let there appear to be ever so much criminality in these transactions, it is surely nothing to me. The first who spoke and mentioned the subject of peace was Aristo- demus, the actor; the seconder and mover, fellow-hireling for that purpose with the prosecutor, was Philocrates the Agnusian — your associate, JEschines, not mine, though you should burst with lying. Their supporters — from whatever motives — I pass that by for the present — were Eubulus and Cephisophon. I had nothing to do with it. Notwithstanding these facts, which I have stated exactly ac- cording to the truth, he ventured to assert — to such a pitch of impudence had he come — that I, besides being author of the peace, had prevented the country making it in a general council with the Greeks. Why you — I know not what name you de- serve!— when you saw me robbing the state of an advantage and connection so important as you described just now, did you ever express indignation ? Did you come forward to publish and proclaim what you now charge me with ? If, indeed, I had been bribed by Philip to prevent the conjunction of the Greeks, it was your business not to be silent, but to cry out, to protest, and in- form the people. But you never did so; your voice was never heard to such a purpose; and no wonder; for at that time no embassy had been sent to any of the Greeks; they had all been tested long before, and not a word of truth upon the subject has ^Eschines spoken. Besides, it is the country that he most traduces by his false- hoods. For, if you were at the same time calling on the Greeks to take arms, and sending your own embassadors to treat with Philip for peace, you were performing the part of an Eurybatus, not the act of a commonwealth, or of honest men. But it is false, it is false. For what purpose could ye have sent for them at that period ? For peace ? They all had it. For war ? You were yourselves deliberating about peace. It appears, therefore, I was not the adviser or the author of the original peace; and none of his other calumnies against me are shown to be true. Observe again, after the state had concluded the peace, what line of conduct each of us adopted. Hence, you will understand who it was that co-operated in everything with Philip; who that acted in your behalf, and sought the advantage of the common- wealth. DEMOSTHENES I moved in the council that our embassadors should sail in- stantly for whatever place they heard Philip was in, and receive his oath; they would not, however, notwithstanding my resolu- tion. What was the effect of this, men of Athens ? I will ex- plain. It was Philip's interest that the interval before the oaths should be as long as possible; yours, that it should be as short. Why ? Because you discontinued all your warlike preparations, not only from the day of swearing peace, but from the day that you conceived hopes of it; a thing which Philip was from the beginning studious to contrive, believing — rightly enough — that whatever of our possessions he might take before the oath of ratification, he should hold securely, as none would break the peace on such account. I, men of Athens, foreseeing and weigh- ing these consequences, moved the decree to sail for whatever place Philip was in, and receive his oath without delay, so that your allies, the Thracians, might be in possession of the places which ^Eschines ridiculed just now (Serrium, Myrtium, and Er- gisce), at the time of swearing the oaths; and that Philip might not become master of Thrace by securing the posts of vantage, nor provide himself with plenty of money and troops to facilitate his further designs. Yet this decree he neither mentions nor reads, but reproaches me, because, as councilor, I thought proper to introduce the embassadors. Why, what should I have done ? Moved not to introduce men who were come for the purpose of conferring with you ? or ordered the manager not to assign them places at the theatre ? They might have had places for their two obols if the resolution had not been moved. Was it my duty to guard the petty interests of the state, and have sold our main interests like these men ? Surely not. Take and read me this decree, which the prosecutor, knowing it well, passed over. Read. THE DECREE wln the archonship of Mnesiphilus, on the thirteenth of Hecatom- baeon, in the presidency of the Pandionian tribe, Demosthenes, son of Demosthenes of Paeania, moved, — Whereas Philip has sent embassa- dors for peace, and hath agreed upon articles of treaty, it is resolved by the Council and People of Athens, in order that the peace voted in the first assembly may be ratified, to choose forthwith from the whole body of Athenians five embassadors; and that the persons elected do repair, without any delay, wheresoever they shall ascertain that Philip is, and as speedily as may be exchange oaths with him, 1 694 DEMOSTHENES according to the articles agreed on between him and the Athenian people, comprehending the 'allies of either party. For embassadors were chosen, Eubulus of Anaphlestus, ^Sschines of Cothocidae, Cephi- sophon of Rhamnus, Democrates of Phlya, Cleon of Cothocidae. w Notwithstanding that I had passed this decree for the ad- vantage of Athens, not that of Philip, our worthy embassadors so little regarded it as to sit down in Macedonia three whole months, until Philip returned from Thrace after entirely sub- jugating the country, although they might in ten days, or rather in three or four, have reached the Hellespont and saved the fort- resses, by receiving his oath before he reduced them: for he would never have touched them in our presence, or we should not have sworn him; and thus he would have lost the peace, and not have obtained both the peace and the fortresses. Such was the first trick of Philip, the first corrupt act of these accursed miscreants, in the embassy: for which I avow that I was and am and ever will be at war and variance with them. But mark another and still greater piece of villainy immediately after. When Philip had sworn to the peace, having secured Thrace through these men disobeying my decree, he again bribes them not to leave Macedonia, until he had got all ready for his expe- dition against the Phocians. His fear was, if they reported to you his design and preparation for marching, you might sally forth, sail round with your galleys to Thermopylae as before, and block up the strait: his desire, that, the moment you received the intelligence from them, he should have passed Thermopylas, and you be unable to do anything. And in such terror and anxiety was Philip, lest, notwithstanding he had gained these advan- tages, if you voted succor before the destruction of the Phocians, his enterprise should fail; he hires this despicable fellow, no longer in common with the other embassadors, but by himself individually, to make that statement and report to you, by which everything was lost. I conjure and beseech you, men of Athens, throughout the trial to remember this, that, if JEschines in his charge had not traveled out of the indictment, neither would I have spoken a word irrelevant; but since he has resorted to every species both of accusation and calumny, it is necessary for me to reply briefly to each of his charges. What, then, were the statements made by ^Eschines, through which everything was lost ? That you should not be alarmed DEMOSTHENES by Philip's having passed Thermopylae — that all would be as you desired, if you kept quiet; and in two or three days you would hear he was their friend to whom he had come as an enemy, and their enemy to whom he had come as a friend — it was not words that cemented attachments (such was his solemn phrase), but identity of interest; and it was the interest of all alike, Philip, the Phocians, and you, to be relieved from the harshness and insolence of the Thebans. His assertions were heard by some with pleasure, on account of the hatred which then sub- sisted against the Thebans. But what happened directly, almost immediately, afterward ? The wretched Phocians were destroyed, their cities demolished; you that kept quiet, and trusted to ^Eschines, were shortly bringing in your effects out of the coun- try, while JEschines received gold; and yet more — while you got nothing but your enmity with the Thebans and Thessalians, Philip won their gratitude for what he had done. To prove what I say, read me the decree of Callisthenes, and the letter of Philip, from both of which these particulars will be clear to you. Read. THE DECREE *In the archonship of Mnesiphilus, an extraordinary assembly hav- ing been convened by the Generals, with the sanction of the Presidents and the Council, on the twenty-first of Maemacterion, Callisthenes, son of Eteonicus of Phalerum, moved: — No Athenian shall on any pretense sleep in the country, but all in the city and Piraeus, except those who are stationed in the garrisons; and they shall every one keep the posts assigned to them, without absenting themselves by night or day. Whosoever disobeys this decree, shall be amenable to the penalties of treason, unless he can show that some necessity prevented him; the judges of such necessity shall be the General of Infantry, and he of the Finance Department, and the Secretary of the Council. All effects shall be conveyed out of the country as speedily as may be ; those that are within a hundred and twenty furlongs into the city and Piraeus, those that are beyond a hundred and twenty furlongs to Eleusis and Phyle and Aphidna and Rhamnus and Sun- ium. On the motion of Callisthenes of Phalemm." Was it with such expectations you concluded the peace ? Were such the promises this hireling made you ? Come, read the letter which Philip sent after this to Athens. 1696 DEMOSTHENES THE LETTER OF PHILIP w Philip, king of Macedonia, to the Council and People of Athens, greeting. Ye know that we have passed Thermopylae, and reduced Phocis to submission, and put garrisons in the towns that opened their gates; those that resisted we took by storm, and razed to the ground, enslaving their inhabitants. Hearing, however, that ye are preparing to assist them, I have written unto you, that ye may trouble yourselves no farther in the business. For it seems to me, ye are acting altogether unreasonably; having concluded peace, and nevertheless taking the field, and that too when the Phocians are not comprehended in our treaty. Wherefore, if ye abide not by your en- gagements, ye will gain no advantage but that of being the aggres- sors. * You hear how plainly, in his letter to you, he declares and asserts to his own allies — <(all this I have done against the will of the Athenians, and in their despite; therefore if ye are wise, ye Thebans and Thessalians, ye will regard them as enemies, and put confidence in me*; not writing in such words, but meaning so to be understood. And by these means he carried them away with him, insomuch that they had neither foresight nor sense of the consequences, but suffered him to get every- thing into his power; hence the misfortunes under which those wretched people at present are. The agent and auxiliary who helped to win for him such confidence, — who brought false reports here and cajoled you, — he it is who now bewails the suf- ferings of the Thebans and dilates upon them so pathetically, he himself being the cause both of these calamities, and those in Phocis, and all the rest which the Greeks have sustained. Truly must you, ^schines, grieve at these events, and compassionate the Thebans, when you hold property in Boeotia and farm their lands; and I rejoice at a work whose author immediately required me to be delivered into his hands. But I have fallen upon a subject which it may be more con- venient to discuss by and by. I will return then to my proofs, showing how the iniquities of these men have brought about the present state of things. When you had been deceived by Philip through the agency of these men, who sold themselves in the embassies, and reported not a word of truth to you — when the unhappy Phocians had been deceived and their cities destroyed — what followed? The DEMOSTHENES 1697 despicable Thessalians and stupid Thebans looked on Philip as a friend, a benefactor, a savior: he was everything with them — not a syllable would they hear from any one to the contrary. You, though regarding his acts with suspicion and anger, still observed the peace; for you could have done nothing alone. The rest of the Greeks, cheated and disappointed like yourselves, gladly observed the peace, though they also had in a manner been attacked for a long time. For when Philip was marching about, subduing Illyrians and Triballians and some also of the Greeks, and gaining many considerable accessions of power, and certain citizens of the states (^Eschines among them) took ad- vantage of the peace to go there and be corrupted, all people then, against whom he was making such preparations, were at- tacked. If they perceived it not, that is another question, no concern of mine. I was forever warning and protesting, both at Athens and wheresoever I was sent. But the States were dis- eased; one class in their politics and measures being venal and corrupt, while the multitude of private men either had no fore- sight, or were caught with the bait of present ease and idleness; and all were under some such influence, only they imagined each that the mischief would not approach themselves, but that by the peril of others they might secure their own safety when they chose. The result, I fancy, has been that the people, in return for their gross and unseasonable indolence, have lost their liberty: the statesmen, who imagined they were selling everything but themselves, discovered they had sold themselves first; for, instead of friends, as they were named during the period of bribery, they are now called parasites and miscreants and the like befitting names. Justly. For no man, O Athenians, spends money for the traitor's benefit, or, when he has got possession of his purchase, employs the traitor to advise him in future proceedings: else nothing could have been more fortunate than a traitor. But it is not so — it never could be — it is far otherwise! When the aspirant for power has gained his object, he is master also of those that sold it; and then — then, I say, knowing their base- ness, he loathes and mistrusts and spurns them. Consider only — for though the time of the events is past, the time for understanding them is ever present to the wise: Las- thenes was called the friend of Philip for a while, until he be- trayed Olynthus; Timolaus for a while, until he destroyed Thebes; Rudicus and Simus of Larissa for a while, until they brought v — 107 1698 DEMOSTHENES Thessaly under Philip's power. Since then the world has become full of traitors expelled and insulted and suffering every possible calamity. How fared Aristratus in Sicyon ? how Perilaus in Me- gara ? Are they not outcasts ? Hence, one may evidently see, it is the vigilant defender of his country, the strenuous opponent of such men, who secures to you traitors and hirelings, ^Eschines, the opportunity of getting bribes; through the number of those that oppose your wishes you are in safety and in pay, for had it depended on yourselves you would have perished long ago. Much more could I say about those transactions, yet methinks too much has been said already. The fault is my adversary's, for having spurted over me the dregs, I may say, of his own wickedness and iniquities, of which I was obliged to clear myself to those who are younger than the events. You, too, have prob- ably been disgusted, who knew this man's venality before I spoke a word. He calls it friendship, indeed, and said somewhere in his speech — <(the man who reproaches me with the friendship of Alexander. * I reproach you with the friendship of Alexander! Whence gotten, or how merited ? Neither Philip's friend nor Alexander's should I ever call you; I am not so mad; unless we are to call reapers and other hired laborers the friends of those who hire them. That, however, is not so — how could it be ? It is nothing of the kind. Philip's hireling I called you once, and Alexander's I call you now. So do all these men. If you dis- believe me, ask them; or rather I will do it for you. Athenians! is JEschines, think ye, the hireling or the friend of Alexander? You hear what they say. I now proceed to my defense upon the indictment itself, and to the account of my own measures, that JEschines may hear, though he knows already, on what I found my title both to these which have been decreed and to far greater rewards. Take and read me the indictment itself. THE INDICTMENT <( In the archonship of Chasrondas, on the sixth of Elaphebolion, JEschines, son of Atrometus of Cothocidae, preferred before the archon an indictment against Ktesiphon, son of Leosthenes of Anaphlystus, for an illegal measure: for that he proposed a decree against law, to wit, that it was right to crown Demosthenes, son of Demosthenes of Paeania, with a golden crown and to proclaim in the theatre at the great Dionysian festival, at the exhibition of the new tragedies, that DEMOSTHENES 1699 the people crown Demosthenes, son of Demosthenes of Paeania, with a golden crown, on account of his virtue, and of the good-will which he has constantly cherished toward all the Greeks as well as toward the people of Athens, and of his integrity, and because he has constantly by word and deed promoted the advantage of the people, and is zealous to do whatever good he can : all which clauses are false and illegal ; the laws enacting : firstly, that no false allegations shall be entered in the public records; secondly, that an accountable officer shall not be crowned (but Demosthenes is a conservator of the walls, and has charge of the theoric fund); thirdly, that the crown shall not be pro- claimed in the theatre at the Dionysian festival, on the new exhibi- tion of tragedies, but if the council confer a crown, it shall be pub- lished in the council-hall, if the people, in the Pnyx at the assembly. Penalty, fifty talents. Witnesses to the summons, Cephisophon, son of Cephisophon of Rhamnus, Cleon, son of Cleon of Cothocidae. * The clauses of the decree which he prosecutes are these, men of Athens. Now from these very clauses I think I shall immedi- ately make it clear to you that my whole defense will be just; for I shall take the charges in the same order as my adversary, and discuss them all one by one, without a single intentional omission. With respect to the statement, "that I have constantly by word and deed promoted the advantage of the people, and am zealous to do whatever good I can," and the praising me on such grounds, your judgment, I conceive, must depend on my public acts; from an examination of which it will be discovered whether what Ktesiphon has alleged concerning me is true and proper, or false. As to his proposing to give the crown without adding "when he has passed his accounts," and to proclaim the crown in the theatre, I imagine that this also relates to my political conduct, whether I am worthy of the crown and the public pro- clamation, or not. However, I deem it necessary to produce the laws which justified the defendant in proposing such clauses. Thus honestly and simply, men of Athens, have I resolved to conduct my defense. I now proceed to my own actual measures. And let no one suppose that I wander from the indictment, if I touch upon Grecian questions and affairs: he who attacks that clause of the decree, "that by word and deed I have promoted your good" — he who has indicted this for being false — he, I say, has rendered the discussion of my whole policy pertinent and necessary to the charge. Moreover, there being many de- 1700 DEMOSTHENES partments of political action, I chose that which belonged to Grecian affairs: therefore, I am justified in drawing my proofs from them. The conquests which Philip had got and held before I com- menced life as a statesman and orator, I shall pass over, as I think they concern not me. Those that he was baffled in from the day of my entering on such duties, I will call to your recol- lection, and render an account of them; premising one thing only — Philip started, men of Athens, with a great advantage. It happened that among the Greeks — not some, but all alike — there sprang up a crop of traitors and venal wretches, such as in the memory of man had never been before. These he got for his agents and supporters: the Greeks, already ill-disposed and unfriendly to each other, he brought into a still worse state, deceiving this people, making presents to that, corrupting others in every way; and he split them into many parties, when they had all one interest, to prevent his aggrandizement. While the Greeks were all in such a condition, — in such ignorance of the gathering and growing mischief, — you have to consider, men of Athens, what policy and measures it became the commonwealth to adopt, and of this to receive a reckoning from me; for the man who assumed that post in the administration was I. Ought she, ^Eschines, to have cast off her spirit and dignity, and, in the style of Thessalians and Dolopians, helped to acquire for Philip the dominion of Greece, and extinguished the honors and rights of our ancestors? Or, if she did not this, — which would indeed have been shameful, — was it right that what she saw would happen if unprevented, and was for a long time, it seems, aware of, she should suffer to come to pass ? I would gladly ask the severest censurer of our acts, with what party he would have wished the commonwealth to side, — with those who contributed to the disgraces and disasters of the Greeks, the party, we may say, of the Thessalians and their followers, or those who permitted it all for the hope of selfish advantage, among whom we may reckon the Arcadians, Messenians, and Argives ? But many of them, or rather all, have fared worse than ourselves. If Philip after his victory had immediately marched off and kept quiet, without molesting any either of his own allies or of the Greeks in general, still they that opposed not his enterprises would have merited some blame and re- proach. But when he has stripped all alike of their dignity, DEMOSTHENES ,7O| their authority, their liberty, — nay, even of their constitutions, where he was able, — can it be doubted that you took the most glorious course in pursuance of my counsels? But I return to the question — What should the common- wealth, ^Eschines, have done, when she saw Philip establishing an empire and dominion over Greece ? Or what was your states- man to advise or move ? — I, a statesman at Athens ? — for this is most material — I who knew that from the earliest time, until the day of my own mounting the platform, our country had ever striven for precedency and honor and renown, and expended more blood and treasure for the sake of glory and the general weal than the rest of the Greeks had expended on their several interests ? — who saw that in the strife for power and empire, Philip himself, with whom we were contending, had had his eye cut out, his collar bone fractured, his hand and leg mutilated, and was ready and willing to sacrifice any part of his body that fortune chose to take, provided he could live with the remainder in honor and glory? Hardly will any one venture to say this — that it became a man bred at Pella, then an obscure and inconsiderable place, to possess such inborn magnanimity as to aspire to the mastery of Greece and form the project in his mind, while you, who were Athenians, day after day in speeches and in dramas reminded of the virtue of your ancestors, should have been so naturally base as of your own free will and accord to surrender to Philip the liberty of Greece. No man will say this! The only course then that remained was a just resistance to all his attacks upon you. Such course you took from the be- ginning, properly and becomingly; and I assisted by motions and counsels during the period of my political life: — I acknowl- edge it. But what should I have done ? I put this question to you, dismissing all else: Amphipolis, Pydna, Potidaea, Halonnesus — I mention none of them: Serrium, Doriscus, the ravaging of Peparethus, and any similar wrongs which the country has suffered — I know not even of their occurrence. You, indeed, said that by talking of these I had brought the people into a quarrel, although the resolutions respecting them were moved by Eubulus and Aristophon and Diopithes — not by me, you ready utterer of what suits your purpose! Neither will I speak of these now. But I ask — the man who was appropriating to him- self Eubcea, and making it a fortress against Attica, and attempt- ing Megara, and seizing Oreus, and razing Porthmus, and setting DEMOSTHENES up Philistides as tyrant in Oreus, Clitarchus in Eretria, and sub- jugating the Hellespont, and besieging Byzantium, and destroying some of the Greek cities, restoring exiles to others — was he by all these proceedings committing injustice, breaking the truce, violating the peace, or not ? Was it meet that any of the Greeks should rise up to prevent these proceedings, or not? If not — if Greece were to present the spectacle (as it is called) of a Mysian prey, while Athenians had life and being, then I have exceeded my duty in speaking on the subject — the commonwealth has ex- ceeded her duty, which followed my counsels — I admit that every measure has been a misdeed, a blunder of mine. But if some one ought to have arisen to prevent these things, who but the Athenian people should it have been ? Such, then, was the policy which I espoused. I saw him reducing all men to sub- jection, and I opposed him: I continued warning and exhorting you not to make these sacrifices to Philip. It was he that infringed the peace by taking our ships; it was not the state, ^Eschines. Produce the decrees themselves, and Philip's letter, and read them one after another. From an examination of them it will be evident who is chargeable with each proceeding. Read. THE DECREE (:) You see, he avoids all private pleas and has recourse to an Amphictyonic. Who was it, I say, that helped him to this con- trivance— that lent him these excuses? Who is most to blame for the misfortunes which have happened ? Surely ^Eschines. Then go not about saying, <(O Athenians, that one man has in- flicted these calamities on Greece ! M Heaven and earth ! It was not a single man, but a number of miscreants in every state. vEschines was one of them; and, were I obliged to speak the truth without reserve, I should not hesitate to call him the com- mon pest of all that have since been ruined, men, places, cities: for whoever supplies the seed, to him the crop is owing. I mar- vel, indeed, you turned not your faces away the moment you be- held him. But there is a thick darkness, it seems, between you and the truth. The mention of this man's treasonable acts brings me to the part which I have myself taken in opposition to him. It is fair you should hear my account of it for many reasons, but chiefly, men of Athens, because it would be a shame, when I have un- dergone the toil of exertions on your behalf, that you should not endure the bare recital of them. When I saw that the Thebans, and I may add the Athenians, were so led away by Philip's partisans and the corrupt men of either state, as to disregard and take no precaution against a dan- ger which menaced both and required the utmost precaution (I mean the suffering Philip's power to increase), and were readily disposed to enmity and strife with each other, I was constantly watchful to prevent it, not only because in my own judgment I deemed such vigilance expedient, but knowing that Aristophon, and again Eubulus, had all along desired to bring about that union, and, while they were frequently opposed upon other mat- ters, were always agreed upon this. Men whom in their life- time— you reptile! — you pestered with flattery, yet see not that you are accusing them in their graves; for the Theban policy that you reproach me with is a charge less affecting me than them who approved that alliance before I did. But I must DEMOSTHENES return. I say, when ^Eschines had excited the war in Atn- phissa, and his coadjutors had helped to establish enmity with Thebes, Philip marched against us, — that was the object for which these persons embroiled the states, — and had we not roused up a little in time we could never have recovered our- selves; so far had these men carried matters. In what position you then stood to each other, you will learn from the recital of these decrees and answers. Here, take and read them. DECREE <(In the archonship of Heropythus, on the twenty-fifth of the month Elaphebolion, in the presidency of the Erechtheian tribe, by the advice of the council and the generals: Whereas Philip hath taken possession of certain neighboring cities, and is besieging others, and finally is preparing to advance against Attica, setting our treaty at nought, and designs to break his oaths and the peace in violation of our common engagements: the council and people have resolved to send unto him embassadors, who shall confer with him, and exhort him above all to maintain his relations of amity with us and his con- vention, or if not, to give time to the Commonwealth for delibera- tion, and conclude an armistice until the month Thargelion. These have been chosen from the council: Simus of Anagyrus, Euthydemus of Phlyus, Bulagoras of Alopece.* ANOTHER DECREE "In the archonship of Heropythus, on the last day of the month Munychion, by the advice of the Polemarch: Whereas Philip designs to put the Thebans at variance with us, and hath prepared to ad- vance with his whole army to the places nearest to Attica, violating the engagements that subsist between us, the council and people have resolved to send unto him a herald and embassadors, who shall request and call upon him to conclude an armistice, so that the peo- ple may take measures according to circumstances; for now they do not purpose to march out in the event of anything reasonable. Nearchus, son of Sosinomus and Polycrates, son of Epiphron, have been chosen from the council; and for herald, Eunomus of Ana- phlystus from the people. w Now read the answers: — TO THE ATHENIANS « Philip, King of Macedon, to the Council and People of Athens, greeting. Of the part which you have taken in reference to me 1724 DEMOSTHENES from the beginning I am not ignorant, nor what exertions you are making to gain over the Thessalians and Thebans, and also the Boeotians. Since they are more prudent and will not submit their choice to your dictation, but stand by their own interest, you shift your ground, and, sending embassadors and a herald to me, you talk of engagements and ask for an armistice, although I have given you no offense. However, I have given audience to your embassadors, and I agree to your request and am ready to conclude an armistice if you will dismiss your evil counselors and degrade them as they deserve. Farewell.* TO THE THEBANS "Philip, King of Macedon, to the Council and People of Thebes, greeting. I have received your letter wherein you renew peace and amity with me. I am informed, however, that the Athenians are most earnestly soliciting you to accept their overtures. I blamed you at first for being inclined to put faith in their promises and to espouse their policy. But since I have discovered that you would rather maintain peace with me than follow the counsels of others, I praise you the more on divers accounts, but chiefly because you have consulted in this business for your safety, and preserve your attach- ment to me, which I trust will be of no small moment to you if you persevere in that determination. Farewell.* Philip having thus disposed the States toward each other by his contrivances, and being elated by these decrees and answers, came with his army and seized Elatea, confident that, happen what might, you and the Thebans could never again unite. What commotion there was in the city you all know; but let me just mention the most striking circumstances. It was evening. A person came with a message to the presi- dents, that Elatea was taken. They rose from supper immediately, drove off the people from their market-stalls, and set fire to the wicker-frames; others sent for the generals and called the trump- eter, and the city was full of commotion. The next morning at daybreak the presidents summoned the council to their hall, and you went to the assembly, and before they could introduce or prepare the question, the whole people were up in their seats. When the council had entered, and the presidents had reported their intelligence and presented the courier, and he had made his statement, the crier asked : w Who wishes to speak ? * and no one came forward. The crier put the question repeatedly — still no man rose, though all the generals were present and all the DEMOSTHENES orators, and our country with her common voice called for some one to speak and save her — for when the crier raises his voice according to law, it may justly be deemed the common voice of our country. If those of greatest wealth, the three hundred — if those who were both friendly to the state and wealthy, the men who afterward gave such ample donations; for patriotism and wealth produced the gift, — if those who desired the salvation of Athens were the proper parties to come forward, all of you and the other Athenians would have risen and mounted the platform; for I am sure you all desired her salvation. But that occasion, that day, as it seems, called not only for a patriot and a wealthy man, but for one who had closely followed the proceedings from their commencement, and rightly calculated for what object and purpose Philip carried them on. A man who was ignorant of these matters, or had not long and carefully studied them, let him be ever so patriotic or wealthy, would neither see what measures were needful, nor be competent to advise you. Well, then, I was the man called for upon that day. I came forward and addressed you. What I said I beg you for two rea- sons attentively to hear; firstly, to be convinced that of all your orators and statesmen I alone deserted not the patriot's post in the hour of danger, but was found in the very moment of panic speaking and moving what your necessities required; secondly, because at the expense of a little time you will gain large expe- rience for the future in all your political concerns. I said those who were in such alarm under the idea that Philip had got the Thebans with him did not, in my opinion, understand the position of affairs; for I was sure, had that really been so, we should have heard not of his being at Elatea, but upon our frontiers; he was come, however, I knew for certain, to make all right for himself in Thebes. <( Let me inform you,* said I, "how the matter stands. All the Thebans whom it was possible either to bribe or deceive he has at his command; those who have resisted him from the first, and still oppose him, he can in no way prevail upon; what, then, is his meaning and why has he seized upon Elatea ? He means, by displaying a force in the neighborhood, and bringing up his troops, to encourage and embolden his friends, to intimidate his adversaries, that they may either concede from fear what they now refuse, or be compelled. Now," said I, "if we determine on the present occasion to re- member any unkindness which the Thebans have done us, and to 1726 DEMOSTHENES regard them in the character of enemies with distrust, in the first place, we shall be doing just what Philip would desire; in the next place, I fear his present adversaries embracing his friend- ship and all Philippizing with one consent, they will both march against Attica. But if you will hearken to me, and be pleased to examine (not cavil at) what I say, I believe it will meet your approval, and I shall dispel the danger impending over Athens. What, then, do I advise ? First, away with your present fear ; and rather fear all of ye for the Thebans; they are nearer harm than we are; to them the peril is more immediate. Next, I say, march to Eleusis, all the fighting men and the cavalry, and show yourselves to the world in arms, that your partisans in Thebes may have equal liberty to speak up for the good cause, knowing that as the faction who sell their country to Philip have an army to support them at Elatea, so the party that will contend for freedom have your assistance at hand if they be assailed. " Further, I recommend you to elect ten embassadors and em- power them in conjunction with the generals to fix the time for going there and for the out-march. When the embassadors have arrived at Thebes, how do I advise that you should treat the matter ? Pray attend particularly to this. Ask nothing of the Thebans (it would be dishonorable at this time); but offer to assist them if they require it, on the plea that they are in ex- treme danger, and we see the future better than they do. If they accept this offer and hearken 'to our counsels, so shall we have accomplished what we desire, and our conduct will look worthy of the state; should we miscarry, they will have them- selves to blame for any error committed now, and we shall have done nothing dishonorable or mean.* This and more to the like effect I spoke and left the plat- form. It was approved by all; not a word was said against me. Nor did I make the speech without moving, nor make the mo- tion without undertaking the embassy, nor undertake the embassy without prevailing on the Thebans. From the beginning to the end, I went through it all; I gave myself entirely to your service to meet the dangers which encompassed Athens. Produce me the decree which then passed. Now, ^Eschines, how would you have me describe you, and how myself, upon that day ? Shall I call myself Batalus, your nickname of re- proach, and you not even a hero of the common sort, but one of those upon the stage, Cresphontes or Creon, or the CEnomaus DEMOSTHENES whom you execrably murdered once at Colyttus ? Well, upon that occasion, I, the Batalus of Paeania, was more serviceable to the state than you, the (Enomaus of Cothocidae. You were of no earthly use; I did everything which became a good citizen. Read the decree. THE DECREE OF DEMOSTHENES wln the archonship of Nausicles, in the presidency of the Kan- tian tribe, on the sixteenth of Scirophorion, Demosthenes, son of Demosthenes of Pasania, moved: Whereas, Philip, King of Macedon, hath in time past been violating the treaty of peace made between him and the Athenian people, in contempt of his oaths and those laws of justice which are recognized among all the Greeks, and hath been annexing unto himself cities that no way belong to him, and hath besieged and taken some which belong to the Athenians with- out any provocation by the people of Athens, and at the present time he is making great advances in cruelty and violence, foras- much as in certain Greek cities he puts garrisons and overturns their constitution, some he razes to the ground and sells the inhabitants for slaves, in some he replaces a Greek population with barbarians, giving them possession of the temples and sepulchres, acting in no way foreign to his own country or character, making an insolent use of his present fortune, and forgetting that from a petty and insignifi- cant person he has come to be unexpectedly great; and the people of Athens, so long as they saw him annexing barbarian or private cities of their own, less seriously regarded the offense given to themselves, but now that they see Greek cities outraged and some destroyed, they think it would be monstrous and unworthy of their ancestral glory to look on while the Greeks are enslaved: (< Therefore it is resolved by the council and people of Athens, that having prayed and sacrificed to the gods and heroes who protect the Athenian city and territory, bearing in mind the virtue of their an- cestors, who deemed it of greater moment to preserve the liberty of Greece than their own country, they will put two hundred ships to sea, and their admiral shall sail up into the straits of Thermopylae, and their general and commander of horse shall march with the in- fantry and cavalry to Eleusis, and embassadors shall be sent to the other Greeks, and first of all to the Thebans, because Philip is near- est their territory, and shall exhort them without dread of Philip to maintain their own independence and that of Greece at large, and assure them that the Athenian people, not remembering any variance which has formerly arisen between the countries, will assist them with troops and money and weapons and arms, feeling that for them 1728 DEMOSTHENES (being Greeks) to contend among themselves for the leadership is honorable, but to be commanded and deprived of the leadership by a man of foreign extraction is derogatory to the renown of the Greeks and the virtue of their ancestors : further, the people of Athens do not regard the people of Thebes as aliens either in blood or race; they remember also the benefits conferred by their ancestors upon the ancestors of the Thebans; for they restored the children of Hercules who were kept by the Peloponnesians out of their hered- itary dominion, defeating in battle those who attempted to resist the descendants of Hercules; and we gave shelter to OEdipus and his comrades in exile ; and many other kind and generous acts have been done by us to the Thebans : wherefore now also the people of Athens will not desert the interests of the Thebans and the other Greeks: And let a treaty be entered into with them for alliance and inter- marriage, and oaths be mutually exchanged. Embassadors: Demos- thenes, son of Demosthenes of Paeania, Hyperides, son of Oleander of Spettus, Mnesithides, son of Antiphanes of Phrearrii, Democrates, son of Sophilus of Phlyus, Callaeschrus, son of Diotimus of Cothocidae." That was the commencement and first step in the negotiation with Thebes: before then the countries had been led by these men into discord and hatred and jealousy. That decree caused the peril which then surrounded us to pass away like a cloud. It was the duty of a good citizen, if he had any better plan, to disclose it at the time, not to find fault now. A statesman and a pettifogger, while in no other respect are they alike, in this most widely differ. The one declares his opinion before the pro- ceedings, and makes himself responsible to his followers, to for- tune, to the times, to all men: the other is silent when he ought to speak; at any untoward event he grumbles. Now, as I said before, the time for a man who regarded the commonwealth, and for honest counsel, was then: however, I will go to this extent — if any one now can point out a better course, or, indeed, if any other were practicable but the one which I adopted, I confess that I was wrong. For if there be any meas- ure now discovered, which (executed then) would have been to our advantage, I say it ought not to have escaped me. But if there is none, if there was none, if none can be suggested even at this day, what was a statesman to do ? Was he not to choose the best measures within his reach and view ? That did I, ^Eschines, when the crier asked, <(Who wishes to speak?" — not, (J ; but I am speaking to the peo- ple. I shall therefore examine the situation of Louis previous to the abolition of royalty and the situation of Louis at its abo- lition. Nations are sovereigns; they are at liberty to assume any species of government that appears most agreeable to themselves. After having recognized and discovered the badness of their an- cient form, they may enact for themselves a new 'one ; this is a position which one of the council of Louis procured the insertion of in the constitutional code. But the whole nation cannot exer- cise the sovereignty; it is necessary, therefore, that it should delegate the exercise of it. In 1789 the people of France demanded a monarchical form of government; now a monarchical government requires the in- violability of the chief, and this inviolability was established, not in behalf of the king, but of the nation. Much has been said on this subject. Some have pretended that it is not a synallagmatic contract, but a delegation. It is, RAYMOND DESEZE 1813 however, a contract until it is revoked; but let it be called a mandate if you please! Let it be recollected, however, that the mandatory is not obliged to submit to any other conditions, or any other penalties, than those expressed in the letter of the compact. I open the book of the Constitution, and in the second chapter, which has by way of title <( Royalty, M I there find that the king is inviolable; there is not any exception in, nor any modification of, this article, but certain circumstances may occur, when the first public functionary may cease to enjoy this char- acter of inviolability. The following is the first instance. ' ART. V. <(If the king shall not take the oath, or, after having taken it, he retract, he shall be considered as having abdicated the royalty. » The nation here hath foreseen a crime and enacted a for- feiture, but there is not a single word to be found concerning either trial or judgment. However, as, without retracting an oath, a king might betray and favor criminal and hostile princi- ples against the State, the nation hath been aware of this, and the Constitution hath provided against it. ART. VI. <4If the king place himself at the head of an army and direct the forces against the nation, or if he doth not oppose him- self, by a formal act, to any enterprise of this kind made in his name, he shall be considered as having abdicated the throne." I beseech you to reflect on the heinous nature of this offense; there cannot be a more criminal one. It supposes all the machi- nations, all the perfidies, all the treasons, all the horrors, all the calamities of bloody civil war; and yet what does the consti- tution pronounce ? The presumption of having abdicated the throne ! ART. VII. «If the king, having left the kingdom, shall not return immediately after an invitation made to him by the legislative body, then, etc." What does the Constitution pronounce upon this occasion ? The presumption of having abdicated the throne. ART. VIII. says, " that after an abdication, either express or implied, the king shall then be tried in the same manner as all other citizens, for such crimes as he may commit after his abdication." RAYMOND DESEZE Louis is accused of sundry offenses. He is accused in the name of the nation. Now, either these offenses have been foreseen by the constitutional act, and then the corresponding punishment is to be applied to them, or they have not; and if so, it follows that no punishment can follow from their commission. But I say that the most atrocious of all possible offenses hath been foreseen — that of a cruel war against the nation; and this surely includes all inferior crimes, and consequently points out the ex- tent of all constitutional punishment. I know that royalty being now abolished, deprivation cannot at present be applied. But has not Louis a right to exclaim: "What! will you, because you have abolished royalty, inflict a punishment on me, not mentioned in the constitutional code ? Because no existing law can punish me, will you create one ex- pressly on purpose ? You possess every degree of power, it is true, but there is one species which you dare not execute, that of being unjust." It has been said that Louis ought to be condemned as an en- emy, but is he a greater enemy than if he had put himself at the head of an army in order to act against the nation ? And you all know that in such a case, he could not have incurred more than a forfeiture of the crown! But if you take away from Louis the prerogative of being inviolable as a king, you cannot deprive him of the right of being tried as a citizen. And I here demand of you, where are those propitiatory forms of jus- tice ? Where are those juries which are so many hostages, as it were, for the lives and honor of citizens ? Where is that propor- tion of suffrages which the law has so wisely required ? Where is that silent scrutiny which in the same urn incloses the opinion and the conscience of the judge ? I now speak with the frankness becoming a freeman; it is in vain that I look around and search among you for judges — I can see none but accusers. You wish to pronounce upon the fate of Louis, and yet you have accused him! Will you decide his doom after having already expressed your opinion on his con- duct ? 7V//-; ' \TTLliS AT VERSAILLES. Photogravure after a Photograph — By Permission of The Werner Com- pany. [MIL Camille Desmoulins made his speeches of 1789, the palace at Versailles belonged to the Bourbons. In 1789, however, the excited Parisians insisted on removing the royal family to Paris, and though since then the palace has been repeatedly used as a royal or imperial residence, the people have reasserted their right to it, and now use it chiefly for a Museum of French History, devoted largely to paintings. Some of the most celebrated of these are exhibited iu the Gallery of Battles. CAMILLE DESMOUL1NS (1760-1794) IHEN the ill-fated Louis XVI. dismissed Necker, Camille Des- moulins, hearing the news in a cafe in the Palais Royal, leaped on a table, defied the police, and with a pistol in each hand, made the speech which precipitated the actual Revolution. He called the people to arms, declaring that the action of the King was (< the tocsin for the Bartholomew of the patriots. w From that time until he was executed with the Dantonists in April 1794, Des- moulins was one of the great forces of the Revolution. He was born at Guise, in Picardy, March zd, 1760. His father, who was Lieutenant- General of the bailiwick of Guise, educated him carefully, and Camille acquired a familiarity with the classics which, as editor of the Vieux Cordelier, he made use of to show the advantage of republics over monarchies, of democracies over aristocracies. He stammered so pain- fully that, as a rule, his great eloquence found vent only at the point of his pen. His street speeches were made only when he was trans- ported out of himself by excitement, and only scraps of them are reported. It is said that in his great speech of July i2th, 1789, on the dismissal of Necker, the stammering habit which usually kept him silent in public assemblages, lost its hold on him, and that he spoke with the utmost fluency. The extract, ( Live Free or Die,* translated from the Vieux Cordelier, is characteristic both of his style and of his habit of thought. He is always classical. It was through too frequent illustrations from Tacitus that he aroused the anger of Robespierre, which sent him to the guillotine. LIVE FREE OR DIE (February 1788) ONE difference between the monarchy and the republic, which alone should suffice to make the people reject with horror all monarchial rule and make them prefer the republic regardless of the cost of its establishment, is that in a democ- racy, though the people may be deceived, yet, at least, they love virtue. It is merit that they believe they put in power in place CAMILLE DESMOULINS of the rascals who are the very essence of monarchies. The vices, the concealments, and the crimes which are the diseases of republics are the very health and existence of monarchies. Cardinal Richelieu avowed openly in his political principles, that *the King should always avoid using the talents of thor- oughly honest men.8 Long before him Sallust said: "Kings cannot get along . without rascals. On the contrary, they should fear to trust the honest and the upright.* It is, therefore, only under a democracy that the good citizen can reasonably hope to see a cessation of the triumphs of in- trigue and crime; and to this end the people need only to be enlightened. There is yet this difference between a monarchy and the republic; the reigns of Tiberius, of Claudius, of Nero, of Calig- ula, of Domitian, had happy beginnings. In fact, all reigns make a joyous entry, but only as a delusion. Therefore the Roy- alists laugh at the present state of France as if its violent and terrible entry under the republic must always last. Everything gives umbrage to a tyrant. If a citizen have pop- ularity, he is becoming a rival to the prince. Consequently, he is stirring up civil strife, and is a suspect. If, on the contrary, he flee popularity and seclude himself in the corner of his own fireside, this retired life makes him remarked, and he is a suspect. If he is a rich man, there is an imminent peril that he corrupt the people with his largesses, and he is a suspect. Are you poor ? How then ! Invincible emperors, this man must be closely watched; no one so enterprising as he who has noth- ing. He is a suspect! Are you in character sombre, melan- choly, or neglectful ? You are afflicted by the condition of pub- lic affairs, and are a suspect. If, on the contrary, the citizen enjoy himself and have result- ant indigestion, he is only seeking diversion because his ruler has had an attack of gout, which made his Majesty realize his age. Therefore he is a suspect. Is he virtuous and austere in his habits? Ah! he is a new Brutus with his Jacobin sever- ity, censuring the amiable and well-groomed court. He is a suspect. If he be a philosopher, an orator, or a poet, it will serve him ill to be of greater renown than those who govern, for can it be permitted to pay more attention to the author living on a fourth floor than to the emperor in his gilded palace. He is a suspect. CAMILLE DESMOULINS 1817 Has one made a reputation as a warrior — he is but the more dangerous by reason of his talent. There are many resources with an inefficient general. If he is a traitor he cannot so quickly deliver his army to the enemy. But an officer of merit like an Agricola — if he be disloyal, not one can be saved. There- fore, all such had better be removed and promptly placed at a distance from the army. Yes, he is a suspect. Tacitus tells us that there was anciently in Rome a law spec- ifying the crimes of <( Lese-Majeste*. w That crime carried with it the punishment of death. Under the Roman Republic treasons were reduced to but four kinds, viz., abandoning an army in the country of an enemy; exciting sedition; the maladministration of the public treasury; and the impairment by inefficiency of the majesty of the Roman people. But the Roman emperors needed more clauses, that they could place cities and citizens under pro- scription. Augustus was the first to extend the list of offenses that were * Lese-Majeste* w or revolutionary, and under his successors the extensions were made until none were exempt. The slightest action was a State offense. A simple look, sadness, compassion, a sigh, even silence was w Lese-Majeste" * and disloyalty to the mon- arch. One must needs show joy at the execution of their parent or friend lest they would perish themselves. Citizens, liberty must be a great benefit, since Cato disemboweled himself rather than have a king. And what king can we compare in greatness and heroism to the Caesar whose rule Cato would not endure ? Rousseau truly says: "There is in liberty as in innocence and virtue a satisfaction one only feels in their enjoyment and a pleasure which can cease only when they are lost.* SIR SIMON D'EWES (1602-1650) SIMON (SiMONDS?) D'EwES, the celebrated antiquary, was a Member of the Long Parliament and helped by his elo- quence to make it celebrated among the deliberative bodies of the world. Of the three of his speeches of 1640 which are pre- served in verbatim reports, that on the ( Antiquity of Cambridge' is the most characteristic of the man and of the learning of the edu- cated classes of a time when education, devoting itself to what Ra- leigh called <( tickle points of niceness,* was rendering its possessors foreign to the great body of the English people. On the eve of one of the greatest revolutions of history, D'Ewes took advantage of the fact that the name of Cambridge appeared above that of Ox- ford in a document under consideration by the House to make a learned and interesting speech — at which, under the circumstances, posterity cannot fail to wonder. He was born at Coxden, in Dorsetshire, December i8th, 1602, and died April 8th, 1650. He collected the journals of the Parliaments held during the reign of Elizabeth, and his manuscripts sold after his death to Sir Robert Harley are now among the treasures of the British Museum. THE ANTIQUITY OF CAMBRIDGE (Delivered in Parliament, January 2ist, 1640) I STAND up to persuade, if it may be, the declining of the pres- ent question and the further dispute of this business. Yes- terday we had long debate about the putting out of a word, and now we are fallen upon the dispute of putting one word before another. I account no honor to Cambridge that it got the precedency by voices at the former committee, nor will it be any glory to Oxford to gain it by voices here, where we all know the multitudes of borough towns of the western parts of England do send so many worthy Members hither, that if we measure things by number, and not by weight, Cambridge is SIR SIMON D'EWES 1819 sure to lose it. I would therefore propound a more noble way and means for the decision of the present controversy than by question, in which, if the University of Oxford (which for my own part I do highly respect and honor) shall obtain the prize, it will be far more glory to it than to carry it by multitude of voices, which, indeed, can be none at all. Let us therefore dis- pute it by reason, and not make an idol of either place, and if I shall be so convinced I shall readily change my vote, wishing we may find the same ingenuity in the Oxford men. There are two principal respects, besides others, in which these famous universities may claim precedency each of the other. Firstly, in respect of their being, as they were places of note in the elder ages. Secondly, as they were ancient nurseries and seed plots of learning. If I do not, therefore, prove that Cambridge was a renowned city at least three hundred years before there was a house of Oxford standing, and whilst brute beasts fed, or corn was planted on that place, where the same city is now seated, and that Cambridge was a nursery of learning before Oxford was known to have a Grammar School in it, I will yield up the bucklers. If I should lose time to reckon up the vain allegations produced for the antiquity of Oxford by Twyne, and of Cam- bridge by Cajus, I should but repeat deliria senum, for I account the most of that they have published in print to be no better. But I find my authority without exception, that in the ancient catalogue of cities of Britain, Cambridge is the ninth in number, where London itself is but the eleventh, and who would have thought that ever Oxford should have contended for precedency with Cambridge, which London gave it above twelve hundred years. This I find in Hildas Albanius,* his British story, who died about the year 520, being the ancientest domestic monu- ment we have (page 60) ; and in a Saxon anonymous story in Latin, touching the Britons and Saxons (page 39), who saith of himself that he lived in the days of Penda, King of the Mer- cians, in the tenth year of his reign, and that he knew him well, which falls out to be near the year 620. And lastly, I find the catalogue of the said British cities, with some little variation, to be set down in 'Nennius,' his Latin story of Britain (page 38), and he wrote the same, as he says of himself, in the year 880. They all call it <J And notwithstanding the great de- vastations it suffered with other places, by reason of the Danish incursions, yet in the first tome or volume of the book of ( Domes Dei y (for now I come to cite records) it appears to have been a place of considerable moment, having in it decem custodias and a castle of great strength and extent, and so I have done with Cambridge as a renowned place. And now I come to speak to it, as it hath been a nursery of learning, nor will I begin higher with it than the time of the learned Saxon monarch King Alfred, because I suppose no man will question or gainsay but that there are sufficient testimonies of certain persons that did together in Cambridge study the arts and sciences much about that time. And it grew to be a place so famous for learning about the time of William I., the Norman, that he sent his younger son Henry thither to be there in- structed, who himself being afterwards King of England, by the name of Henry I., was also surnamed Beauclerk, in respect of his great knowledge. If I should undertake to allege and vouch the records and other monuments of good authority, which assert and prove the increase and nourishing estate of this University in the succeeding ages, I should spend more time than our great and weighty occasions at this present will permit; it shall therefore suffice to have added, that the most ancient and first endowed college of England was Valence College in Cambridge, which after the foundation thereof, as appears by one of our Parliament Rolls remaining upon record in the Tower of Lon- don, received the new name or appellation of Pembroke Hall; it SIR SIMON D'EWES 1 82 1 is in Rota. Parliam. de Anno 38 H. 6 num. 31. It appearing there- fore so evidently by all that I have said, that Cambridge is in all respects the elder sister (which I speak not to derogate from Oxford), my humble advice is, that we lay aside the present question, as well to avoid division amongst overselves as to in- tomb all further emulation between the two sisters, and that we suffer the present bill to pass as it is now penned; and the rather, because I think Oxford had the precedence in the last bill of this nature that passed this House. 1822 ORVILLE DEWEY (1794-1882) SRVILLE DEWEY, one of the favorite platform and pulpit ora- tors of the second quarter of the nineteenth century, was born at Sheffield, Massachusetts, 1794, and died there, March 2ist, 1882. He had a style of admirable lucidity, and his addresses show that he joined habits of logical thinking to sound scholarship. He was by profession a clergyman, and his sermons, addresses, and works of a general character, keep their place in public libraries. THE GENIUS OF DEMOSTHENES >TpHE favorite idea of a genius among us is of one who never studies, or who studies nobody can tell when, — at mid- night, or at odd times and intervals, — and now and then strikes out, "at a heat," as the phrase is, some wonderful pro- duction. * The young man, w it is often said, <( has genius enough, if he would only study." Now, the truth is, that the genius will study; it is that in the mind which does study; that is the very nature of it. I care not to say that it will always use books. All study is not reading, any more than all reading is study. Attention is the very soul of genius; not the fixed eye, not the poring over a book, but the fixed thought. It is, in fact, an action of the mind which is steadily concentrated upon one idea, or one series of ideas; which collects, in one point, the rays of the soul, till they search, penetrate, and fire the whole train of its thoughts. And while the fire burns within, the outside may be indeed cold, indifferent, negligent, absent in appearance; he may be an idler or a wanderer, apparently without aim or in- tent, but still the fire burns within. And what, though * it bursts forth " at length, as has been said, w like volcanic fires, with spontaneous, original, native force * ? It only shows the in- tense action of the elements beneath. What though it break forth like lightning from the cloud ? The electric fire had been collecting in the firmament through many a silent, clear, and ORVILLE DEWEY 1823 calm day. What though the might of genius appear in one de- cisive blow, struck in some moment of high debate, or at the crisis of a nation's peril ? That mighty energy, though it may have heaved in the breast of Demosthenes, was once a feeble, infant thought. A mother's eye watched over its dawnings. A father's care guarded its early youth. It soon trod, with youthful steps, the halls of learning, and found other fathers to wake and to watch for it, even as it finds them here. It went on, but silence was upon its path, and the deep stragglings of the inward soul silently ministered to it. The elements around breathed upon it, and " touched it to finer issues. w The golden ray of heaven fell upon it and ripened its expanding faculties. The slow revolu- tions of years slowly added to its collected energies and treas- ures, till, in its hour of glory, it stood forth embodied in the form of living, commanding, irresistible eloquence. The world wonders at the manifestation, and says : <( Strange, strange that it should come thus unsought, unpremeditated, unprepared ! * But the truth is, there is no more a miracle in it than there is in the towering of the pre-eminent forest tree, or in the flow- ing of the mighty and irresistible river, or in the wealth and waving of the boundless harvest. THE RUST OF RICHES AH! THE rust of riches! — not that portion of them which is kept bright in good and holy uses — (< and the consuming fire B of the passions which wealth engenders ' No rich man — I lay it down as an axiom of all experience — no rich man is safe who is not a benevolent man. No rich man is safe, but on the imitation of that benevolent God who is the possessor and dispenser of all the riches of the universe. What else mean the miseries of a selfish, luxurious, and fashionable life everywhere ? What mean the sighs that come up from the purlieus and couches and most secret haunts of all splendid and self- indulgent opulence ? Do not tell me that other men are suffer- ers too. Say not that the poor and destitute and forlorn are miserable also. Ah! just Heaven! thou hast in thy mysterious wisdom appointed to them a lot hard, full hard, to bear. Poor houseless wretches ! who " eat the bitter bread of penury, and 1824 ORVILLE DEWEY drink the baleful cup of misery M; the winter's winds blow keenly through your w looped and windowed raggedness w ; your children wander about unshod, unclothed, untended; I wonder not that ye sigh. But why should those who are surrounded with every- thing that heart can wish, or imagination conceive — the very crumbs that fall from whose table of prosperity might feed hun- dreds— why should they sigh amidst their profusion and splen- dor ? They have broken the bond that should connect power with usefulness and opulence with mercy. That is the reason. They have taken up their treasures, and wandered away into a forbidden world of their own, far from the sympathies of suffer- ing humanity; and the heavy night-dews are descending upon their splendid revels; and the all-gladdening light of heavenly beneficence is exchanged for the sickly glare of selfish enjoy- ment; and happiness, the blessed angel that hovers over gener- ous deeds and heroic virtues, has fled away from that world of false gaiety and fashionable exclusion. 1825 SAMUEL DEXTER (1761-1816) &N THE fourth of August, 1806, Thomas O. Selfridge, an attorney at law, shot and killed Charles Austin on the public Ex- change in Boston. There had been a newspaper controversy between Selfridge and Austin's father, and when the case came to trial, the celebrated Samuel Dexter, who defended Selfridge, had to meet a charge that his client had « armed himself and sought a quarrel, after first calling the father of his victim opprobrious names in the newspapers.* The defense was handled with great skill by an eloquent appeal to a " higher law n which, though some have ques- tioned its morality, made it a model for defenses in similar cases in all parts of the Union. This appeal, made in the peroration of the speech delivered at the trial of the defendant in Boston, resulted in the defendant's acquittal. Dexter was born in Boston, May i4th, 1761. As a young man he became distinguished for his rebellious attitude towards the Eng- lish government. After the Revolution he was elected to Congress, serving in both House and Senate. He was Secretary of War under the administration of John Adams, and Secretary of the Treasury during a part of that of Jefferson. After leaving the Cabinet, he took up the practice of law in Boston and made even a greater rep- utation at the bar than he had already made in public life. «THE HIGHER LAW » OF SELF-DEFENSE (Peroration of the Speech in the Case of Selfridge) I HAVE hitherto admitted that the publication in the newspaper was a fault in the defendant, nor am I disposed entirely to justify it; yet circumstances existed which went far to exten- uate it. He had been defamed on a subject, the delicacy of which, perhaps, will not be understood by you, as you are not lawyers, without some explanation. Exciting persons to bring suits is an infamous offense, for which a lawyer is liable to indictment, and to be turned away from the bar. It is so fatal to the reputation of a lawyer, that it is wounding him in the v — 115 1826 SAMUEL DEXTER nicest point, to charge him with it. It is the point of honor; and charging him with barratry, or stirring up suits, is like call- ing a soldier a coward. Mr. Austin, the father, had accused the defendant publicly of this offense, respecting a transaction in which his conduct had been punctiliously correct. The defendant first applied to him in person, and with good temper, to retract the charge; afterwards, in conversations with Mr. Welsh, Mr. Austin acknowledged the accusation to be false, and promised to contradict it as publicly as he had made it. Yet he neglected to do it; again he said he had done it, — but the fact appeared to be otherwise. This induced the defendant to demand a denial of it in writing. Though Mr. Austin privately acknowledged he had injured Mr. Selfridge, yet he refused to make him an adequate recompense when he neglected to make the denial as public as the charge. This was a state of war between them upon this subject, in which the more the defendant annoyed his enemy, the less power he had to hurt him. It was, therefore, a species of self-defense; and Mr. Austin, who had first been guilty of defamation, perhaps had little cause to complain. To try the correctness of this, we will imagine an extreme case. Suppose a man should have established his reputation as a common slanderer and calumniator by libeling the most virtuous and eminent characters of his country, from Washington and Adams down through the whole list of American patriots; sup- pose such a one to have stood for twenty years in the kennel, and thrown mud at every well-dressed passenger; suppose him to have published libels until his style of defamation had become as notorious as his face, — would not every one say that such conduct was some excuse for bespattering him in turn ? I do not apply this to any individual; but it is a strong case to try a principle. And if such conduct would amount almost to a justification of him who should retaliate, will not the slander of Mr. Austin against Mr. Selfridge furnish some excuse for him? It has also been stated to you, gentlemen, and some books havo been read to prove it, that a man cannot be justified or ex- cused in killing another in his own defense, unless a felony were attempted or intended. Some confusion seems to have been produced by this, which I will attempt to dissipate. It has been settled that if a felony be attempted, the party injured may kill the offender, without retreating as far as he safely can; but that SAMUEL DEXTER 1827 if the offense intended be not a felony, he cannot excuse the killing in his own defense, unless he so retreat, provided cir- cumstances will permit. On this principle, all the books that have been read on this point may easily be reconciled. But the position contended for by the opposing counsel is in direct con- tradiction to one authority which they themselves have read. In the fourth volume of Blackstone's Commentaries,* page 185, the law is laid down as follows: <( The party assaulted must therefore flee as far as he conveniently can, either by reason of some wall, ditch, or other impediment, or as far as the fierceness of the assault will permit him: for it may be so fierce as not to allow him to yield a step, without manifest danger of his life, or enormous bodily harm; and then, in his defense, he may kill his assailant instantly. And this is the doctrine of universal justice, as well as of the municipal law.w Also in i Hawkin's Pleas of the Crown, chap. 29, § 13, the law on this point is stated thus : "And now I am to consider homicide se defendendo, which seems to be, where one, who has no other possible means of preserving his life from one who combats with him on a sudden quarrel, or of defending his per- son from one who attempts to beat him (especially if such at- tempt be made upon him in his own house), kills the person by whom he is reduced to such an inevitable necessity.* From these two highly respectable authorities, it appears that, though nothing more be attempted than to do great bodily in- jury, or even to beat a man, and there be no possibility of avoid- ing it but by killing the assailant, it is excusable so to do. When the weight and strength of the cane, or rather cudgel, which the deceased selected is considered, and the violence with which it was used, can it be doubted that great bodily harm would have been the consequence, if Selfridge had not defended himself? The difference between this weapon and the pistol made use of by the defendant, perhaps, is greatly exaggerated by the imagination. The danger from the former might be nearly as great as from the latter. When a pistol is discharged at a man, in a moment of confusion and agitation, it is very un- certain whether it will take effect at all; and if it should, the chances are, perhaps, four to one, that the wound will not be mortal. Still further, when the pistol is once discharged, it is of little or no use; but with a cane, a man, within reach of his ob- ject, can hardly miss it; and if the first blow should prove inef- SAMUEL DEXTER fectual, he can repeat his strokes until he has destroyed his enemy. If it were intended to excite contempt for the laws of the country, a more effectual method could hardly be taken than to tell a man, who has a soul within him, that if one attempt to rob him of a ten-dollar bill, this is a felony, and therefore esteemed by the law an injury of so aggravated a nature that he may lawfully kill the aggressor; but that if the same man should whip and kick him on the public Exchange, this is only a tres- pass, to which he is bound to submit rather than put in jeopardy the life of the assailant; and the laws will recompense him in damages. Imagine that you read in a Washington newspaper that on a certain day, immediately on the rising of Congress, Mr. A, of Virginia, called Mr. B, of Massachusetts, a scoundrel for voting against his resolution, and proceeded deliberately to cut off his ears. Mr. B was armed with a good sword cane, but observed that his duty as a citizen forbade him to endanger the life of Mr. A, for, that cutting off a man's ear was by law no felony; and he had read in law books that courts of justice were the only proper vindices injuriarum, and that he doubted not that, by means of a lawsuit, he should obtain a reasonable compensa- tion for his ears. What are the emotions excited in your breasts at this supposed indignity and exemplary patience of the repre- sentative of your country? Would you bow to him with pro- found respect on his return ? or rather would not his dignity and usefulness, by universal consent, be lost forever ? We have now taken a view of the facts and the positive rules of law that apply to them; and it is submitted to you with great confidence that the defendant has brought himself within the strictest rules, and completely substantiated his defense by show- ing that he was under a terrible necessity of doing the act, and that by law he is excused. It must have occurred to you, how- ever, in the course of this investigation, that our law has not been abundant in its provisions for protecting a man from gross insult and disgrace. Indeed, it was hardly to be expected that the sturdy hunters who laid the foundations of the common law would be very refined in their notions. There is, in truth, much intrinsic difficulty in legislating on this subject. Laws must be made to operate equally on all members of the community; and such is the difference in the situations and feelings of men that SAMUEL DEXTER 1829 no general rule on this subject can properly apply to all. That which is an irreparable injury to one man, and which he would feel himself bound to repel even by the instantaneous death of the aggressor, or by his own, would be a very trivial misfortune to another. There are men in every civilized community whose happiness and usefulness would be forever destroyed by a beat- ing which another member of the same community would volun- tarily receive for a five-dollar bill. Were the laws to authorize a man of elevated mind and refined feelings of honor to defend himself from indignity by the death of the aggressor, they must at the same time furnish an excuse to the meanest chimney sweeper in the country for punishing his sooty companion, who should fillip him on the cheek, by instantly thrusting his scraper into his belly. But it is too much to conclude from this difficulty in stating exceptions to the general rule, that extreme cases do not furnish them. It is vain, and worse than vain, to prescribe laws to a community which will require a dereliction of all dig- nity of character, and subject the most elevated to outrages from the most vile. If such laws did exist, the best that could be hoped would be that they would be broken. Extreme cases are, in their nature, exceptions to all rules; and when a good citizen says that, the law not having specified them, he must have a right to use his own best discretion on the subject, he only treats the law of his country in the same manner in which every Christian necessarily treats the precepts of his religion. The law of his Master is, (< Resist not evil w ; w If a man smite thee on one cheek, turn to him the other also." No exceptions to these rules are stated; yet does not every rational Christian necessarily make them ? I have been led to make these observations, not because I think them necessary in the defense of Mr. Self ridge, but be- cause I will have no voluntary agency in degrading the spirit of my country. The greatest of all public calamities would be a pusillanimous spirit that would tamely surrender personal dignity to every invader. The opposing council have read to you from books of acknowledged authority that the right of self-defense was not given by the law of civil society, and that that law can- not take it away. It is founded, then, on the law of nature, which is of higher authority than any human institution. This law enjoins us to be useful in proportion to our capacities; to protect the powers of being useful, by all means that nature has given us, and to secure our own happiness, as well as that of 1830 SAMUEL DEXTER others. These sacred precepts cannot be obeyed without secur- ing to ourselves the respect of others. Surely, I need not say to you that the man who is daily beaten on the public Exchange cannot retain his standing in society by recurring to the laws. Recovering daily damages will rather aggravate the contempt that the community will heap upon him; nor need I say that when a man has patiently suffered one beating he has almost insured a repetition of the insult. It is a most serious calamity for a man of high qualifications for usefulness, and delicate sense of honor, to be driven to such a crisis, yet should it become inevitable, he is bound to meet it like a man, to summon all the energies of the soul, rise above ordinary maxims, poise himself on his own magnanimity, and hold himself responsible only to his God. Whatever may be the consequences, he is bound to bear them; to stand like Mount Atlas, <(When storms and tempests thunder on its brow, And oceans break their billows at his feet.* Do not believe that I am inculcating opinions tending to dis- turb the peace of society. On the contrary, they are the only principles that can preserve it. It is more dangerous for the laws to give security to a man disposed to commit outrages on the persons of his fellow-citizens than to authorize those who must otherwise meet irreparable injury to defend themselves at every hazard. Men of eminent talents and virtues, on whose exertions in perilous times the honor and happiness of their country must depend, will always be liable to be degraded by every daring miscreant, if they cannot defend themselves from personal insult and outrage. Men of this description must always feel that to submit to degradation and dishonor is impossible. Nor is this feeling confined to men of that eminent grade. We have thousands in our country who possess this spirit; and without them we should soon deservedly cease to exist as an independent nation. I respect the laws of my country and revere the pre- cepts of our holy religion; I should shudder at shedding human blood; I would practice moderation and forbearance to avoid so terrible a calamity; yet should I ever be driven to that impass- able point where degradation and disgrace begin, may this arm shrink palsied from its socket if I fail to defend my own honor. It has been irtimated that the principles of Christianity con- SAMUEL DEXTER 1831 deran the defendant. If he is to be tried by this law, he cer- tainly has a right to avail himself of one of its fundamental principles. I call on you, then, to do to him, as in similar cir- cumstances you would expect others to do to you; change situa- tions for a moment and ask yourselves what you would have done if attacked as he was. And instead of being necessitated to act at the moment, and without reflection, take time to delib- erate. Permit me to state for you your train of thought. You would say: This man who attacks me appears young, athletic, active, and violent. I am feeble and incapable of resisting him; he has a heavy cane, which is undoubtedly a strong one, as he had leisure to select it for the purpose; he may intend to kill me; he may, from the violence of his passion, destroy me with- out intending it; he may maim or greatly injure me; by beating me he must disgrace me. This alone destroys all my prospects, all my happiness, and all my usefulness. Where shall I fly when thus rendered contemptible ? Shall I go abroad ? Every one will point at me the finger of scorn. Shall I go home ? My children — I have taught them to shrink from dishonor; will they call me father ? What is life to me after suffering this outrage ? Why should I endure this accumulated wretchedness, which is worse than death, rather than put in hazard the life of my enemy? Ask yourselves whether you would not make use of any weapon that might be within your power to repel the injury; and if it should happen to be a pistol, might you not, with sin- cere feeling of piety, call on the Father of Mercies to direct the stroke ? While we reverence the precepts of Christianity, let us not make them void by impracticable construction. They cannot be set in opposition to the law of our nature; they are a second edition of that law; they both proceed from the same Author. Gentlemen, all that is dear to the defendant in his future life is by the law of his country placed in your power. He cheer- fully leaves it there. Hitherto he has suffered all that his duty as a good citizen required with fortitude and patience; and if more be yet in store for him, he will exhibit to his accusers an example of patient submission to the laws. Yet permit me to say in concluding his defense that he feels full confidence that your verdict will terminate his sufferings.* *The jury returned a verdict of «Not Guilty.* 1832 PORFIR1O DIAZ (1830-) IT THE Monterey banquet of 1898, President Diaz of Mexico outlined the policy he has pursued in developing the re- sources of his country — a policy modeled on that of Jeffer- son and involving as fundamental principles the utmost possible hospitality to immigration. Though he does not speak habitually in public, President Diaz has a style of the greatest ease and flexibility, illustrating in every sentence the suavity of intellect which has en- abled him to establish a stable government in Mexico where so many others who were mere soldiers had failed. Perhaps no other living Latin-American has more of the faculty of pleasing than President Diaz shows in complimenting Monterey for its achievements of peace- ful progress. He was born at Oaxaca, September isth, 1830. He received a liberal education, but his enlistment when the United States invaded Mexico in 1847 made him a soldier rather than the lawyer he might have been. He served against Santa Anna in 1854; against Mar- quez in 1861 ; and against Maximilian and the French from 1863 to 1867. In 1876 he drove out Lerdo, and the following year he became President of Mexico, an office which he has held or controlled ever since. The Constitution has been changed to allow him to succeed himself, and if Mexico prosper under him in the future as it has done in the past, he is likely to remain its President until he dies or refuses to serve. MEXICAN PROGRESS (Delivered at the Banquet Given in His Honor at Monterey, December 2ist, 1898) Mr. Governor and Gentlemen: — IN THE eloquent toast that we have just heard, there are thoughts expressed so beautifully and with so pronounced a spirit of friendship, that I can only accept them as a sign of the fully reciprocated regard with which the author honors me. However little I may deserve them, they nevertheless demand acknowledg- ment. PORFIRIO DIAZ 1833 Hence, in replying, I must begin by thanking you most cor- dially. In the name of my fellow-guests, and in my own, I also thank this attractive and beautiful city for the splendid welcome with which it has honored us. The impression made on us by its munificence is so pleasant and so great that we do not know what to admire most and what to be most thankful for, — whether for the charming hospi- tality, elegance, and good taste shown in receiving us, or for the striking exhibition of improvements we already knew by hearsay and that now they are so kind as to show us in review. If the hospitality and attentions extended to us make us happy during the days we spend with our amiable hosts of Nuevo Leon, the exhibition of their improvements gives us good reason for knowing, appreciating, and admiring with proper na- tional pride the abundant, varied, and worthy results of the spirit of enterprise animating capital and industry, when governed by a scrupulous honesty, supported by the good name which this invaluable virtue perpetuates by its presence, and firmly protected by a government which, with firm hand and clear and just con- science, guarantees the life, the property, the liberty, the honor, and all natural and civil rights of the man and of the citizen. Sixteen years, more or less, of intelligent work under direction of the great principles of prosperity we have just enumerated, have been sufficient to awaken and put into productive action the industrial intelligence and noble ambition of the citizens of Nuevo Leon, while the well-deserved fame of the satisfactory re- sults achieved has attracted, and is still attracting, from all quar- ters, the capital, the industry, the energy, and all other faculties belonging to that genius which, when stimulated amongst them- selves and competing in worthy initiative and noble strength, has extended, improved, and beautified every day this great and typical display of the industrial progress of Nuevo Leon, which, with well-founded and noble pride its beautiful capital offers us. It is certain that this magnificent picture is the objective demonstration and measure of the present prosperity and ad- vanced civilization of this intelligent and industrious people. But this is not all; for after this, there is something which claims all our attention, — so much the more imperiously, since this some- thing tends to prepare a future still more prosperous. Never- theless, I am not surprised at this, for it is only natural that a 1834 PORFIRIO DIAZ people which has created men like Zaragoza and produced them like Zuazua and Escobedo, Trevino, Naraujo, and so many name- less heroes, should accomplish its high destiny as soon as it was allowed to apply in peace the energy that moved it in war. And thus we see that as soon as this invaluable advantage of peace has been established and government representation nor- malized in the State, government, fulfilling one of its first and most necessary duties, becomes an educator, wishing that the large and desirable population attracted to Monterey on account of the industries of the city should not make merely a short stay in this favored land, but that willingly they should decide to leave their bones among us in return for the generosity their activity, their work, and their talent has prompted. So the city provides intelligently and generously for instruction to their children in primary, secondary, and high schools, so that without the inconvenience that their absence in quest of instruction would cause to their families, and especially to the mothers, children may be educated here at home. Thus, here at home, they may get practical knowledge and become wise, if they wish it, at the side of their parents, with the generation to which they belong, a part of the society in which they live, if they de- cide to adopt altogether this hospitable home, which is willing to receive them with all the motherly love she bears to her own sons, recognizing their merits, without distinction between her own and her adopted children. Finally, gentlemen, now that I have the great satisfaction of seeing around me the most prominent business men of this na- tion, as well as those of foreign countries, and government officers who, uniting their manly and intelligent action, have elevated Monterey to the height of which she is rightly proud — now that I have the pleasure of breaking bread with them at the same table and toasting with them their well-deserved prosperity, I am pleased to be able to say to them in accordance with a con- science which has never deceived me : <( You who toil for the progress of Nuevo Leon, natives and foreigners — you are worthy of this Republic whose national wealth and habits of industry you have cultivated and increased with your own well-earned private wealth ! " As for the governor, who inspires, encourages, and represents the administrative staff, I shall remind him that eighteen years ago, in promoting him from colonel to brigadier- general in PORFIRIO DIAZ 1835 reward of a very distinguished service, I said to him : <( This is the way the weapons with which the country honors us ought to be used. This is the way a dutiful and honorable soldier fulfills his promise to defend his flag." And now, after eighteen years, and after having studied carefully the great advantages that under his intelligent and firm government this brave and intelligent State has attained, I consider it just to say to you, condensing all the praises with which his deeds have inspired me : <( General Reyes, this is the way to govern; this is the way to respond to the sovereign will of the people. w Gentlemen, I drink to the increasing prosperity of Nuevo Leon and to the well-deserved honor it bestows on its authors. i836 MAHLON DICKERSON (1769-1853) [ATTHEW LYON, the Member of Congress whose vote made Thomas Jefferson President, had been prosecuted under the Sedition Law passed during the administration of John Adams. After his retirement from Congress he presented a petition, setting forth that the law under which he had been fined was un- constitutional, and asking to have the money returned to him. This put Congress in the position of reviewing the action of the federal courts. The case was a very celebrated one, as it involved not only this principle, but a leading point in the <( practical politics w of the great political revolution of 1800. The claim remained before Con- gress until 1840, when the sum of $1,060.90, with interest from 1799, was ordered paid as compensation for the enforcement of an uncon- stitutional act. When the case was before the Senate in 1821, Mahlon Dickerson, of New Jersey, urged the claims of Lyon very strongly. Senator Dickerson, who was born in New Jersey in 1769, was long one of its leading public men. He was judge of its Supreme Court and governor before his election to the United States Senate (1817). He was Secretary of the Navy in the Cabinets of Jack- son and Van Buren. He died in Morris County, New Jersey, October 5th, 1853. THE ALIEN AND SEDITION ACTS OF THE ADAMS ADMINISTRATION (From the Speech in the Case of Matthew Lyon, United States Senate, January igth, 1821) I HAVE never doubted that the Sedition Act, so far as it respects the printing and publishing of libels, was a direct, open, and unequivocal breach of the Constitution. And, although I do not hold the United States responsible for all the losses sustained under that act, I would not willingly retain in our Treasury a single dollar of the money iniquitously acquired under it. The whole forms but a small sum, but if it were large, it should be returned to those from whom it was taken. I should not stop to inquire whether it were a thousand or a hundred thousand dollars. MAHLON DICKERSON '837 To ascertain how far this act was an abridgment of the lib- erty of the press, let us examine a little further into its practical operation. It is unnecessary to add anything to what has already been said upon the trial of Matthew Lyon. The trial of Thomas Cooper in 1800, in the Circuit Court of the United States, for the Pennsylvania District, will furnish a complete illustration of the views of those who made and of those who administered this law. I select this case because I was a witness of the whole trial; a trial which, at the time, filled my mind with horror and indig- nation. I saw a man whom it was my pride then, as it is now, to call my friend; a man of the most honorable feelings; a man whose name is identified with science and literature; the con- stant study of whose life it has been to render himself useful to his fellow-beings; I saw this man dragged before a criminal court, arraigned, tried, and punished, for publishing words which nothing but the violence and blindness of party rage could have construed into crime. In the year '97 Mr. Cooper had asked of the President, Mr. Adams, to be appointed an agent for Ameri- can claims; the request was made through Doctor Priestly directly to Mr. Adams, with a frankness warranted on the part of the Doctor by the intimacy which had long existed between them. As the application was thus personal, it was supposed to be confidential. It was unsuccessful, and there it should have rested. But, by some means never explained, two years afterwards this application was made public, and afforded the editor of a paper in Reading an opportunity of inserting a scurrilous paragraph against Mr. Cooper. Irritated at being thus held up as a subject of ridicule, Mr. Cooper, in justification of his own conduct, pub- lished the address for which he was indicted. The words con- tained in the indictment, stripped of the innuendoes, are the fol- lowing : — (< Nor do I see any impropriety in making this request of Mr. Adams; at that time he had just entered into office; he was hardly in the infancy of political mistake; even those who doubted of his capacity, thought well of his intentions. Nor were we yet saddled with the expense of a permanent navy, or threatened, under his auspices, with the existence of a standing army. Our credit was not yet reduced quite so low as to borrow money at eight per cent, in time of peace, while the unnecessary violence of official expressions might justly have provoked a war. Mr. Adams had not yet projected his MAHLON DICKERSON embassies to Prussia, Russia, and the Sublime Porte, nor had he yet interfered, as President of the United States, to influence the decisions of a court of justice, — a stretch of authority which the monarch of Great Britain would, have shrunk from ; an interference without prec- edent, against law, and against mercy! The melancholy case of Jonathan Robbins, a native citizen of America, forcibly impressed by the British, and delivered up, with the advice of Mr. Adams, to the mock trial of a British court-martial, had not yet astonished the Re- publican citizens of this free country; a case too little known, but which the people ought to be fully apprised of before the election, and they shall be.M I have the highest veneration for the exalted statesman and revolutionary patriot against whom this censure was leveled; but he was not infallible — much less so were those around him, by whose advice, at this particular period, he was too much influ- enced. But, however exalted his station, he had accepted it with a full knowledge that it was the disposition and practice, and a salutary one, too, in this country, to examine and censure, with great freedom, the conduct of those in power. To be cen- sured freely, and sometimes unjustly, is a tax which every one must pay who holds the highest station in our Government. Laws which should completely prevent this would as completely prostrate the liberties of the people. However much Mr. Adams might have been hurt at the asperity of the language applied to him, I am confident he never intimated a wish in favor of a prosecution. Most probably this took place in consequence of the advice of those who ad- vised that Robbins should be given up. About this time Mr. Adams thought proper to repress the zeal of his political friends by pardoning Fries, who had been guilty of a misdemeanor, but was convicted of treason, and by other acts evincing a disposition to pursue a more moderate system than that which had prevailed for two preceding years. It will also be remembered that not long after this period he dismissed some of his advisers, in whom he had probably placed too much confidence. At the present time of good feelings it seems incredible that what Mr. Cooper said of the expenses of a permanent navy, — of the standing army, — the eight per cent, loan, and the projected embassies to Prussia, Russia, ana the Sublime Porte, should have been considered as the subject of indictment. What was said as to the case of Jonathan Robbins, otherwise called Thomas Nash, MAHLON DICKERSON 1839 was of a more serious character, and should have been answered, if it could have been answered, by a true history of that trans- action— not by punishing Mr. Cooper; for, if this interference on the part of the President were without precedent against law and against mercy, fining and imprisoning Mr. Cooper could not make it otherwise. The friends of the Sedition Act say that Congress were author- ized to pass it as a law necessary and proper for carrying into effect the powers vested by the Constitution in the Government, under the eighth section of the first article of the Constitution. This part of the Constitution is very elastic, and some gentle- man discovered that under it Congress may do what they please, by simply making the word "necessary* mean (< convenient. w But I cannot imagine what power vested by the Constitution in the Government it was necessary to carry into effect by the Sedition Act. That no such necessity as is alleged did exist is evident from this circumstance, that the Government went on very well before that act passed, and quite as well since it has expired. However convenient, therefore, the law might have been, it cer- tainly was not necessary. If it were necessary in the meaning of the Constitution, it was indispensably necessary — not partly nec- essary. If necessary then it must be necessary now, and Con- gress must, of course, be neglecting their duty in not reviving that law. We are now in effect to declare this act to have been consti- tutional or unconstitutional. If we do the latter we correct not the errors of the court but of Congress. If the law was not con- stitutional when passed, the decisions of the court could not make it so. Probably the court did not think that a question for them to decide. The act was a legislative construction of the Constitution expressly. It was opposed and supported on consti- tutional grounds, and is a declaration of the three branches of the legislature of the meaning of the Constitution in this par- ticular. And it is not yet ascertained that, in construing the Constitution, Congress is subordinate to the judiciary. Probably the first decisive experiment upon this subject will prove the contrary. I do not think it necessary to search for precedents to justify us in the measure now proposed. If we have no precedent let us make one that may be a memento to dominant parties not to abuse their power. But if precedents were necessary we may 1840 MAHLON DICKERSON find enough in the history of England, not in that of our own country; for, fortunately for us, our history affords but a few in- stances of the abuse of power. For such precedents we need not go back to the heavy time of York and Lancaster, when the triumphant party constantly reversed all that had been done by the party subdued. We may look into a later period when the Stuarts and their immediate successors were upon the throne, when the principles of liberty were much better understood than practiced. The attainder of the Earl of Stafford, who had been treacher- ously given up by a cowardly king to the indignation of Parlia- ment, was reversed. The attainders against Algernon Sidney and against Lord Russell were reversed. The attainder against Alderman Cornish was reversed, as also that against Lady Lisle and many others. In these cases it is true the Parliament only reversed their own proceedings. But they sometimes reversed the proceedings of other courts, as in the case of Bastwick, Burton, and Prynne, who were tried in the court of Star Chamber for libels, and sentenced to lose their ears, to pay a fine of five thousand pounds each and to be imprisoned for life. This is a very strong case, and in point; for the Parlia- ment not only reversed the sentence, but remitted the fine, and ordered satisfaction for damages to the parties injured. I must ask the indulgence of the Senate while I read a few passages from the proceedings in this extraordinary case. I shall read them for the edification of those who are, who have been, or who hereafter may be, in favor of a Sedition Act. Dr. Bastwick, Mr. Burton, and Mr. Prynne had written some religious books, in which were contained some reflections on the Bishops, which were deemed libelous. Mr. Prynne, three years before this time, had written a book in which he censured stage plays, music, and dancing, for which he was punished by the loss of his ears. Between eight and nine o'clock in the morning, the fourteenth of June [1637], the lords being set in their places, in the said court of Star Chamber, and casting their eyes at the prisoners, then at the bar, Sir John Finch, Chief- Justice of the Commons Pleas, began to speak after this manner: — I had thought Mr. Prynne had no ears, but methinks he hath ears; which caused many of the lords to take a stricter view of him; 'MAHLON DICKERSON ,841 and, for their better satisfaction, the usher of the court was com- manded to turn up his hair and show his ears; upon the sight whereof, the lords were displeased that they had been formerly no more cut off, and cast out some disgraceful words of him. To which Mr. Prynne replied, " My lords, there is never a one of your honors but would be sorry to have your ears as mine are.w The lord keeper replied again, <(In good faith, he is somewhat saucy. " WI hope," said Mr. Prynne, "your honors will not be offended; I pray God to give you ears to hear.* <( The business of the day, * said the lord keeper, <( is to proceed on the prisoner at the bar.w Mr. Prynne then humbly desired the court to give him leave to make a motion or two; which being granted, he moves: — First, that their honors would be pleased to accept of a cross-bill against the prelates, signed with their own hands, being that which stands with the justice of the court, which he humbly craved, and so tendered it. Lord Keeper — As for your cross-bill, it is not the business of the day; hereafter if the court should see just cause, and that it savor not of libeling, we may accept of it; for my part I have not seen it, but have heard somewhat of it. Mr. Prynne — I hope your honors will not refuse it, being, as it is, on his Majesty's behalf. We are his Majesty's subjects, and there- fore require the justice of the court. Lord Keeper — But this is not the business of the day. Mr. Prynne — Why then, my lords, I have a second motion, which I humbly pray your honors to grant, which is, that your lord- ships will please to dismiss the prelates, here now sitting, from hav- ing any voice in the censure of this cause, being generally known to be adversaries, as being no way agreeable with equity or reason, that they who are our adversaries should be our judges; therefore I humbly crave they may be expunged out of the court. Lord Keeper — In good faith it is a sweet motion; is it not? Herein you are become libelous; and if you should thus libel all the lords and reverend judges as you do the reverend prelates, by this your plea, you would have none to pass sentence upon you for your libeling, because they are parties. The whole trial is very interesting. I proceed to the sen- tence. Thus, the prisoners, desiring to speak a little more for them- selves, were commanded to silence. And so the lords proceed to censure. v — 116 1842 MAHLON DICKERSON The Lord Cettington's censure: <(I condemn these three men to lose their ears in the palace yard at Westminster, to be fined five thousand pounds a man to his Majesty, and to perpetual imprison- ment in three remote places in the kingdom, namely, the castles of Caernarvon, Cornwall, and Lancaster.8 The Lord Finch added to this censure: — «Mr. Prynne to be stigmatized in the cheeks with two letters, S and L, for seditious libeler.* To which all the lords agreed. I omit what is said of the punishment of Dr. Bastwick and Mr. Burton, which was inflicted with great cruelty, but that of Mr. Prynne deserves a particular notice: — Now, the executioner being come to sear him and cut off his ears, Mr. Prynne said these words to him: "Come, friend, come burn me, cut me; I fear not; I have learned to fear the fire of hell, and not what man can do unto me. Come, sear me, sear me; I shall bear in my body the marks of the Lord Jesus"; which the bloody execu- tioner performed with extraordinary cruelty, heating his iron twice to burn one cheek, and cut one of his ears so close that he cut off a piece of his cheek. At which exquisite torture he never moved with his body, or as much as changed his countenance, but still looked up as well as he could towards Heaven, with a smiling countenance, even to the astonishment of all the beholders, and uttering, as soon as the executioner had done, this heavenly sentence: ( of colonists from legal trial, and, in effect, from punishment; for erecting in a neighboring province, acquired by the joint arms of Great Britain and America, a des- potism dangerous to our very existence, and for quartering sol- diers upon the colonists in time of profound peace. It has also been resolved in Parliament that colonists charged with commit- ting certain offenses shall be transported to England to be tried. But why should we enumerate our injuries in detail ? By one statute it is declared that Parliament can, w of right, make laws to bind us in all cases whatsoever." What is to defend us against so enormous, so unlimited a power ? Not a single man of those who assume it is chosen by us, or is subject to our control or influence; but, on the contrary, they are all of them exempt from the operation of such laws, and an American revenue, if not di- verted from the ostensible purposes for which it is raised, would actually lighten their own burdens, in proportion as they increase ours. We saw the misery to which such despotism would reduce us. We, for ten years, incessantly and ineffectually besieged the throne as supplicants; we reasoned, we remonstrated with Parlia- ment in the most mild and decent language. The Administration, sensible that we should regard these oppres- sive measures as freemen ought to do, sent over fleets and armies to enforce them. The indignation of the Americans was roused, !852 JOHN DICKINSON it is true, but it was the indignation of a virtuous, loyal, and affec- tionate people. A congress of delegates from the united colonies was assembled at Philadelphia, on the fifth day of last Sep- tember. We resolved again to offer an humble and dutiful peti- tion to the King, and also addressed our fellow-subjects of Great Britain. We have pursued every temperate, every respectful measure; we have even proceeded to break off our commercial intercourse with our fellow-subjects, as the last peaceable admo- nition that our attachment to no nation upon earth should sup- plant our attachment to liberty. This, we nattered ourselves, was the ultimate step of the controversy, but subsequent events have shown how vain was this hope of finding moderation in our enemies. Several threatening expressions against the colonies were in- serted in his Majesty's speech; our petition, though we were told it was a decent one, and that his Majesty had been pleased to receive it graciously, and to promise laying it before his Parlia- ment, was huddled into both houses, among a bundle of Ameri- can papers, and there neglected. The Lords and Commons in their address, in the month of February, said that wa rebellion at that time actually existed within the province of Massachu- setts Bay, and that those concerned in it had been countenanced and encouraged by unlawful combinations and engagements, en- tered into by his Majesty's subjects in several of the other colo- nies; and, therefore, they besought his Majesty that he would take the most effectual measures to enforce due obedience to the laws and authority of the supreme legislature. w Soon after, the commercial intercourse of whole colonies with foreign countries and with each other was cut off by an act of Parliament; by an- other, several of them were entirely prohibited from the fisheries in the seas near their coasts, on which they always depended for their subsistence, and large re-enforcements of ships and troops were immediately sent over to General Gage. Fruitless were all the entreaties, arguments, and eloquence of an illustrious band of the most distinguished peers and common- ers, who nobly and strenuously asserted the justice of our cause, to stay, or even to mitigate the heedless fury with which these accumulated and unexampled outrages were hurried on. Equally fruitless was the interference of the city of London, of Bristol, and many other respectable towns, in our favor. Parliament adopted an insidious manoeuvre, calculated to divide us, to estab- JOHN DICKINSON ,853 lish a perpetual auction of taxations, where colony should bid against colony, all of them uninformed what ransom would re- deem their lives, and thus to extort from us, at the point of the bayonet, the unknown sums that should be sufficient to gratify, if possible to gratify, ministerial rapacity, with the miserable in- dulgence left to us of raising, in our own mode, the prescribed tribute. What terms more rigid and humiliating could have been dictated by remorseless victors to conquered enemies ? In our circumstances, to accept them would be to deserve them. Soon after the intelligence of these proceedings arrived on this continent, General Gage, who, in the course of the last year, had taken possession of the town of Boston, in the province of Massachusetts Bay, and still occupied it as a garrison, on the nineteenth day of April sent out from that place a large detach- ment of his army, who made an unprovoked assault on the in- habitants of the said province at the town of Lexington, and as appears by the affidavits of a great number of persons, some of whom were officers and soldiers of that detachment, murdered eight of the inhabitants, and wounded many others. From thence the troops proceeded, in warlike array, to the town of Concord, where they set upon another party of the inhabitants of the same province, killing several and wounding more, until, com- pelled to retreat by the country people, suddenly assembled to repel this cruel aggression. Hostilities, thus commenced by the British troops, have been since prosecuted by them, without re- gard to faith or reputation. The inhabitants of Boston being confined within that town by the general, their governor, and having, in order to procure their dismission, entered into a treaty with him, it was stipulated that the said inhabitants having de- posited their arms with their own magistrates, should have lib- erty to depart, taking with them their other effects. They accordingly delivered up their arms, but in open violation of honor, in defiance of the obligation of treaties, which even savage nations esteem sacred, the governor ordered the arms deposited as aforesaid, that they might be preserved for their owners, to be seized by a body of soldiers, detained the greatest part of the inhabitants in the town, and compelled the few who were permitted to retire, to leave their most valuable effects be- hind. By this perfidy, wives are separated from their husbands, children from their parents, the aged and the sick from their JOHN DICKINSON relations and friends, who wish to attend and comfort them, and those who have been used to live in plenty, and even elegance, are reduced to deplorable distress. The general, further emulating his ministerial masters, by a proclamation bearing date on the twelfth day of June, after vent- ing the grossest falsehoods and calumnies against the good peo- ple of these colonies, proceeds to <( declare them all, either by name or description, to be rebels and traitors, to supersede the course of common law, and instead thereof to publish and order the use and exercise of the law martial.8 His troops have butchered our countrymen; have wantonly burnt Charlestown, besides a considerable number of houses in other places; our ships and vessels are seized; the necessary supplies of provisions are intercepted; and he is exerting his utmost power to spread destruction and devastation around him. We have received certain intelligence that General Carleton, the Governor of Canada, is instigating the people of that pro- vince, and the Indians, to fall upon us; and we have but too much reason to apprehend that schemes have been formed to excite domestic enemies against us. In brief, a part of these colonies now feel, and all of them are sure of feeling, as far as the vengeance of administration can inflict them, the complicated calamities of fire, sword, and famine. We are reduced to the al- ternative of choosing an unconditional submission to the tyranny of irritated ministers, or resistance by force. The latter is our choice. We have counted the cost of this contest, and find nothing so dreadful as voluntary slavery! Honor, justice, and humanity forbid us tamely to surrender that freedom which we received from our gallant ancestors, and which our innocent posterity have a right to receive from us. We cannot endure the infamy and guilt of resigning succeeding generations to that wretchedness which inevitably awaits them, if we basely entail hereditary bondage upon them. Our cause is just. Our union is perfect. Our internal re- sources are great, and, if necessary, foreign assistance is un- doubtedly attainable. We gratefully acknowledge, as signal instances of Divine favor towards us, that his providence would not permit us to be called into this severe controversy, until we were grown up to our present strength, had been previously exer- cised in warlike operations, and possessed the means of defending ourselves. With hearts fortified by these animating reflections, we JOHN DICKINSON ^55 most solemnly, before God and the world, declare that, exerting the utmost energy of those powers which our beneficent Creator has graciously bestowed upon us, the arms we have been com- pelled by our enemies to assume, we will, in defiance of every hazard, with unabating firmness and perseverance, employ for the preservation of our liberties, — being with one mind resolved to die freemen rather than to live slaves. Lest this declaration should disquiet the minds of our friends and fellow-subjects in any part of the empire, we assure them that we mean not to dissolve that union which has so long and so happily subsisted between us, and which we sincerely wish to see restored. Necessity has not yet driven us into that desperate measure, or induced us to excite any other nation to war against them. We have not raised armies with ambitious designs of sep- arating from Great Britain and establishing independent States. We fight not for glory or for conquest. We exhibit to mankind the remarkable spectacle of a people attacked by unprovoked en- emies, without any imputation or even suspicion of offense. They boast of their privileges and civilization, and yet proffer no milder conditions than servitude or death. In our own native land, in defense of the freedom that is our birthright, and which we ever enjoyed till the late violation of it — for the protection of our property, acquired solely by the honest industry of our forefathers and ourselves, against violence actually offered, we have taken up arms. We shall lay them down when hostilities shall cease on the part of the aggressors, and all danger of their being renewed shall be removed, and not before. With an humble confidence in the mercies of the Supreme and impartial Judge and Ruler of the universe, we most devoutly implore his divine goodness to protect us happily through this great conflict, to dispose our adversaries to reconciliation on rea- sonable terms, and thereby to relieve the empire from the cal- amities of civil war. i856 PfeRE DIDON IENRI DIDON, one of the most celebrated thinkers and orators of contemporary France, stands distinctively for the axiom that between the different phases of truth there can be no real conflict. His lifework has been to align the Catholic Church in France with the modern spirit of experimentalism in science and of criticism in the investigation of religious records. He was born at Touvet, March ryth, 1840, and in 1862 identified himself with the Dominican order. He has described himself as a a spiritual son of Lacordaire.* Holding that there is nothing in the creed of the Church opposed to true science, he has also attempted to demonstrate that the Democratic movement of modern times is the delayed fruit of Christian teachings. In 1879, he took grounds on the question of divorce, which his superiors condemned, and was temporarily <{ si- lenced,* but after his return from Corsica, to which he was retired, he was restored to favor, and in 1890 became director of the college of Albert the Great at Arcueil. CHRIST AND HIGHER CRITICISM JESUS CHRIST is the greatest name of history. There are others for which men have died. His is the only one worshiped among all peoples of all races in all ages. He who bears it is known of all the earth. Among savages of the most degenerate tribes of the human species, missionaries go incessantly to announce his death on the Cross and the sacri- fice made for the human race which is saved by loving him. The most indifferent in the modern world have been obliged to admit that nothing has ever helped the weak and the suffering more than Christianity. The most glorious geniuses of the past will be obscured. Whether in monuments, palaces, obelisks, or tombs; whether in written encomiums, papyrus or parchment, bricks or medallions, — only reminiscences of them have been preserved for us. Jesus will live forever in the conscience of his faithful people. Here PERE DIDON 1857 in this great manifestation of his power is his indestructible monument. The Church founded by him fills with his name all time and all places. The Church knows him, loves him. adores him! As he lives in her, so she lives in him. ... In a few simple words the Church teaches that the greatest event which ever oc- curred to humanity was the arrival of Christ, and that God loves man, since God saves him from the penalty of the law; that God would save him from harm by giving him aid; that charity is the supreme duty, since by his charity and goodness the Savior was brought to the Cross; that the Christian must be vigilant in the good because his Master will be the judge; that he need not fear death because his Master conquered it and because he him- self is destined to eternal life. The man who accepts these instructions and believes in Christ can walk uprightly in life. He is armed for defense and for growth. Nothing can arrest his progress. The disciple of Jesus Christ has become the conqueror of the world — not from the standpoint of materialism and brutality, for violence is not in the spirit of the crucified Master, but in the sense of goodness, of abnegation, of sacrifice, and of moral dignity. In sowing these virtues as seeds of life, he prepares and enriches the human soil until it is capable of all culture and of all harvests. But since believers in their intelligence seek to find reasons for elementary dogmas, it is necessary that we explain to them, in the measure of our imperfect and always limited knowledge, the facts and details of the human and divine life of Jesus, the words he spoke, the laws he formulated, his manner of teaching, evan- gelizing, combating, suffering, and dying. The history of Jesus is the foundation of faith. Evangelical doctrine, moral Chris- tianity, culture, hierarchy, Church dignities, all rest on him. Thanks to the work of educated teachers, the doctrine of Jesus, his moralities, his faith, and his Church, have become little by little the object of distinct science, perfected, organized, respond- ing to the legitimate aspirations of believers who would be men of faith and men of science; equally, the life of Jesus Christ must in its detail meet the exigencies of history. The partisans of those called the critical school will say: The Christ of dogma and of tradition, the Christ of the Apostles and the evangelists, interpreted according to the doctrines of the Church, is not and cannot be the Christ of history. This ideal v — 117 i858 PfiRE DIDON Christ, God in man, Spirit Incarnate, conceived by an unknown miracle, calling himself the only Son of God, in the absolute and metaphysical sense, multiplying miracles, speaking as the fourth Evangelist makes him speak, rising again three days after death, ascending to the heavens in the face of his Disciples, after forty days, — such a man is not real! He exists only in the pious fancy of his believers who have created him piecemeal. The true Jesus, the Jesus of history, was born as are all other men; he lived like them; he did no more miracles than they! He taught a purer morality, and founded a religion less imperfect than others. Like all reformers, as a rule, he succumbed to the jealousies of his contemporaries. Becoming the victim of Jew- ish hatred and dying as we die, he has neither ascended to heaven nor is he living with God! I revolted (pardon the phrase) not only in my Christian faith, but in my impartiality as a man, at this contradiction. Con- vinced that Jesus was the invisible God in a human form resem- bling our own, I, as a historian, regard him as still living, such as he was in this double nature. The question of his Divinity has divided the greatest minds since the advent of Christ, and it will create division to the end. It is already a strange phenomenon that Jesus alone disposed of a problem that never sleeps in the consciousness of humanity, — a problem that always excites the emotions. I shall permit my- self here to make a simple historical reflection addressed to un- prejudiced men, to true critics with open minds. This violent contradiction and contention of which Jesus is the object was prophesied. It shall last as long as the world; it afflicts the Christian, but it does not astonish or trouble him; he sees the signs of his Master. It is the product of living the life of Christ. While his Disciples in reply to the question said: <(You are the Christ, the Son of the living God, >J the Jews said : <( He is but a prophet*; others, blinder, called him a blasphemer and a con- spirator. After he had left the earth and while his Apostles preached in the Jewish synagogues, the Messiah, God and man, filled with the wisdom and goodness of God, the first sectaries, the Naza- renes and Ebionites, would see in him nothing but a man. The contention on this point continued for centuries. A Pagan philosopher, Celsus, without denying the miracles of Christ, P&RE DIDON 1859 ridiculed his doctrines, calling them absurd, and his Cross he called infamous. Origen refuted him and proclaimed with his mighty voice the divinity of his master. Since then the ages have advanced; the Crucified One has grown, destroying pagan- ism, absorbing philosophy, dethroning empires, conquering the earth, civilizing the barbarian, creating a new world! With what reason, then, did the Jews anathematize Jesus and kill him! Pagans, like Tacitus, Suetonius, and the honest pro- consul of Bithnyia, Pliny the younger, disdained him, and looked upon his Disciples as a detestable sect. Philosophers like Celsus, bore him down with their wisdom, while the Apostles adored in him the Son of God. If Jesus was, indeed, but the wretch despised by Jews and Pagans, how has he carved on earth such a pathway ? How has he founded a religion that dominates the earth ? Were he merely human, the achievements would be inexplicable, and it is the popular proof that Jesus is what the Church affirms him to be. We must not confound criticism with history. Though insep- arable from each other, they must remain distinct. In its general sense criticism is the exercise of the judgment, a faculty essen- tial in all reasonable beings. To criticize and to judge are syn- onomous terms. For judgment as criticism first tries to discern the true from the false. This is the first right and the most necessary duty of the mind. Whatever the domain it explores, religion, philosophy, science, literature, aesthetics, even in mathe- matics, reason must be attentive to discern the real from the apparent, the true, sometimes unapparent, from the false which is frequently most plausible. Criticism, therefore, cannot be a special science. It is rather a condition of all science. It enters into the logical rules which determine how men shall think fairly and judge justly. These simple considerations demonstrate the vanity of those who would arrogate a monopoly of criticism. The school of criticism is the school of all the world. Each has a right to claim and to exer- cise it. The most ordinary temptation of the cultivated mind is to desire to criticize too much, to over judge, to criticize even that of which he knows nothing. The sage moderates this in- temperance. He learns to judge only what he knows, never forgetting that his knowledge is limited and his ignorance im- measurable. !86o PfiRE DIDON One may be a good critic in philosophy and a very poor judge of religion or history. Certain human sciences demand, not only the speculative mind, but a long experience. Moral doctrines are much better criticized even by the ignor- ant who have experimented with virtue than by the skeptic who doubts the austere joys of sacrifice. The saints who lived on the word of Jesus will always under- stand him better than the exacting Pharisees who repelled him and knew not the Savior. A delicate taste distinguishes shad- ings which escape the chemist. As applied to history, the critic has a well-defined duty. The object of history is to state facts. That is, the facts of the past being known to us but by documents, and the documents being the records of witnesses, more or less immediate, to the facts themselves, the critic should examine the documents, facts, and witnesses together. Some facts are absurd; the critic discards them. Some docu- ments are altered or suspected; the critic notices and amends. If some witnesses are unworthy of belief, he unmasks and con- founds them. In all that concerns the life of Christ, the critic has the right and the duty to inspect the documents and the witnesses we adduce. To judge the life, the antiquity, and the authenticity of one, the value as testimony of the other, they should examine the nature of the facts in the documents as reported by the wit- nesses. i86i LORD GEORGE DIGBY (1612-1676) GEORGE DIGBY, son of John Digby, Earl of Bristol, was one of the most notable orators of the Parliamentary party under Charles I., and had he been more thoroughgoing as a reformer, he might have easily become one of the greatest historical characters of the period. Clarendon says that he was " of great elo- quence and becoming in discourse,* but after opposing the attempt of the King to dispense with Parliament and make himself absolute, he went over to the court and so virtually disappeared from history. The occasion of the change was his refusal to join in compassing the death of Strafford. Appointed one of the committee of impeachment he made a speech declaring that the House of Commons, without the lords and the King, had no right to pass a bill of attainder, involv- ing a death sentence. He advised that the bill be laid aside and another substituted such as would secure the State from Lord Straf- ford, <( saving only life.* For this advice he was finally expelled from Parliament after his speech had been ordered burned by the hangman. The King made him a baron, and in 1641-42 he was ac- cused of high treason in Parliament. The next year he was Secre- tary of State to the King. During the Commonwealth he went into exile, and, returning after the Restoration, was made a Knight of the Garter. « GRIEVANCES AND OPPRESSIONS* UNDER CHARLES I. (Delivered in Parliament, November gth, 1640, on Moving the Remonstrance to the King) Mr. Speaker: — You have received now a solemn account from most of the shires of England of the several grievances and oppressions they sustain, and nothing as yet from Dorsetshire. Sir, I would not have you think that I serve for a land of Goshen, that we live there in sunshine, whilst darkness and plagues over- spread the rest of the land; as little would I have you think that being under the same sharp measure as the rest, we are either LORD GEORGE DIGBY insensible or benumbed, or that the shire wanteth a servant to represent its sufferings boldly. It is true, Mr. Speaker, the county of Dorset hath not digested its complaints into that formal way of petition which others (I see) have done, but have intrusted them to my partners and my delivery of them by word of mouth unto this honorable House. And there was given unto us in the county court, the day of our election, a short memorial of the heads of them, which was read in the hearing of the freeholders there present, who all unani- mously with one voice signified upon each particular, that it was their desire that we should represent them to the Parliament, which, with your leave, I shall do, and these they are: — 1. The great and intolerable burden of Ship-Money, touching the legality whereof they are unsatisfied. 2. The many great abuses in pressing of soldiers, and raising money concerning the same. 3. The multitude of monopolies. 4. The new canon, and the oath to be taken by lawyers, divines, etc. 5. The oath required to be taken by Church officers according to articles new and unusual. Besides this there was likewise presented to us by a very considerable part of the clergy of that county a note of remon- strance containing these two particulars: — Firstly, the imposition of a new oath required to be taken by all ministers and others, which they conceive to be illegal, and such as they cannot take with a good conscience. Secondly, the requiring of a pretended benevolence, but in effect a subsidy, under the penalty of suspension, excommunication, and de- privation, all benefit of appeal excluded. This is all we had particularly in charge, but that I may not appear a remiss servant of my country and of this House, give me leave to add somewhat of my own sense. Truly, Mr. Speaker, the injurious sufferings of some worthy Members of this House, since the dissolution of the last two Par- liaments, are so fresh in my memory that I was resolved not to open my mouth in any business wherein freedom and plain deal- ing were requisite, until such time as the breach of our privi- leges was vindicated and the safety of speech settled. LORD GEORGE DIGBV 1863 But since such excellent Members of our House thought fit the other day to lay aside that caution and to discharge their souls so freely in the way of zeal to his Majesty's service and their country's good, I shall interpret that confidence of theirs for a lucky omen to this Parliament, and with your permission license my thoughts, too, a little. Mr. Speaker, under those heads which I proposed to you as the grievances of Dorsetshire, I suppose are comprised the great- est part of the mischiefs which have of late years laid battery either to our estates or consciences. Sir, I do not conceive this the fit season to search and venti- late particulars, yet I profess I cannot forbear to add somewhat to what was said the last day by a learned gentleman of the long robe, concerning the acts of that reverend new synod, made of an old convocation. Doth not every Parliament man's heart rise to see the prelates thus usurp to themselves the grand pre- eminence of Parliament ? The granting of subsidies, and that under so preposterous a name as of a benevolence, for that which is a malevolence, indeed; a malevolence I am confident in those that granted it against Parliaments, and a malevolence surely in those that refuse it, against those that granted it, — for how can it incite less when they see wrested from them what they are not willing to part with, under no less a penalty than the loss of both heaven and earth: of heaven by excommunication, and of the earth by deprivation, — and this without redemption by appeal ? What good Christian can think with patience on such an ensnaring oath as that which is by the new canons enjoined to be taken by all ministers, lawyers, physicians, and graduates in the universities, where, besides the swearing such an imper- tinence, as that things necessary to salvation are contained in discipline; besides the swearing those to be of divine right, which, amongst the learned, never pretended to it as the arch things in our hierarchy; besides the swearing not to consent to the change of that which the State may, upon great reason, think fit to alter; besides the bottomless perjury of an " et cetera* — besides all this, Mr. Speaker, men must swear that they swear freely and voluntarily what they are compelled unto; and, lastly, that they swear that oath in the literal sense, whereof no two of the makers themselves that I have heard of, could ever agree in the understanding ? 1 864 LORD GEORGE DIGBY In a word, Mr. Speaker, to tell you my opinion of this oath, it is a covenant against the King, for bishops and the hierarchy; as the Scottish covenant is against them, only so much worse than the Scottish, as they admit not of the supremacy in ecclesi- astical affairs, and we are sworn unto it. Now, Mr. Speaker, for those particular heads of grievances whereby our estates and properties are so radically invaded, I suppose (as I said before) that it is no season now to enter into a strict discussion of them; only this much I shall say of them, with application to the country for which I serve, that none can more justly complain, since none can more fully challenge ex- emption from such burdens than Dorsetshire, whether you con- sider it a country subsisting much by trade, or as none of the most populous, or as exposed as much as any to foreign invasion. But alas, Mr. Speaker, particular lamentations are hardly dis- tinguishable in universal groans. Mr. Speaker, it hath been a metaphor frequent in Parliament, and, if my memory fail me not, was made use of in the lord keeper's speech at the opening of the last, that what money kings raised from their subjects, they were but as vapors drawn up from the earth by the sun, to be distilled upon it again in fructifying showers. The comparison, Mr. Speaker, hath held of late years too unluckily; what hath been raised from the subject by those violent attractions hath been formed, it is true, into clouds. But how ? To darken the sun's own lustre ! And it hath fallen again upon the land only in hailstones and mildews, to batter and prostrate still more and more our liberties, to blast and wither our affections, had the latter of these been still kept alive by our King's own personal virtues, which will ever pre- serve him, in spite of all ill counselors, a sacred object, both of our admiration and love. Mr. Speaker, it hath been often said in this House, and I think it can never be too often repeated, that the kings of Eng- land can do no wrong; but though they could, Mr. Speaker, yet princes have no part in the ill of those actions which their judges assure them to be just, their counselors that they are prudent, and their divines that they are conscientious. This consideration, Mr. Speaker, leadeth me to that which is more necessary far, at this season, than any further laying open of our miseries, — that is, the way to the remedy, by seeking to remove from our Sovereign, such unjust judges, such pernicious LORD GEORGE DIGBY 1865 counselors, and such disconscient divines, as have of late years, by their wicked practices, provoked aspersions upon the govern- ment of the graciousest and best of kings. Mr. Speaker, let me not be misunderstood, I level at no man with a forelaid design. Let the faults, and those well proved, lead us to the men; it is the only true parliamentary method and the only fit one to incline our Sovereign. For it can no more conflict with a gracious and righteous prince to expose his serv- ants, upon irregular prejudices, than with a wise prince to with- hold malefactors, how great soever, from the course of orderly justice. Let me acquaint you, Mr. Speaker, with an aphorism in Hypocrates, no less authentic, I think, in the body politic than in the natural. Thus it is, Mr. Speaker, "bodies to be thor- oughly and effectually purged must have their humors first made fluid and movable." The humors that I understand to have caused all the desper- ate maladies of this nation are the ill ministers. To purge them away clearly they must first be loosened, unsettled, and extenu- ated, which can no way be affected with a gracious master, but by truly representing them unworthy of his protection. And this leadeth me to my motion, which is, that a select committee may be appointed to draw out of all that hath here been represented, such a remonstrance as may be a faithful and lively representation unto his Majesty of the deplorable estate of this Kingdom, and such as may happily discover unto his clear and excellent judgment the pernicious authors of it. And that this remonstrance being drawn, we may with all speed repair to the lords, and desire them to join with us in it; and this is my humble motion. THE ARMY IN DOMESTIC POLITICS (Delivered in the House of Commons, April 2ist, 1641, on the Bill of Attainder against Strafford) WE ARE now upon the point of giving, as much as in us lies, the final sentence unto death or life, on a great minister of state and peer of this kingdom, Thomas, Earl of Straf- ford, a name of hatred in the present age for his practices, and fit to be made a terror to future ages by his punishment. Xg66 LORD GEORGE DIGBY I have had the honor to be employed by the House in this great business, from the first hour it was taken into considera- tion. It was a matter of great trust; and I will say with confi- dence that I have served the House in it, not only with industry, according to my ability, but with most exact faithfulness and justice. And as I have hitherto discharged my duty to this House and to my country in the progress of this great cause, so I trust I shall do now, in the last period of it, to God and to a good conscience. I do wish the peace of that to myself, and the blessing of Almighty God to me and my posterity, according as my judgment on the life of this man shall be consonant with my heart, and the best of my understanding in all integrity. I know well that by some things I have said of late, while this bill was in agitation, I have raised some prejudices against me in the cause. Yea, some (I thank them for their plain deal- ing) have been so free to tell me, that I have suffered much by the backwardness I have shown in the bill of attainder of the Earl of Strafford, against whom I have formerly been so keen, so active. I beg of you, Mr. Speaker, and the rest, but a suspension of judgment concerning me, till I have opened my heart to you, clearly and freely, in this business. Truly, sir, I am still the same in my opinion and affections as to the Earl of Strafford. I con- fidently believe him to be the most dangerous minister, the most insupportable to free subjects, that can be charactered. I believe that his practices in themselves to have been as high and tyran- nical as any subject ever ventured on; and the malignity of them greatly aggravated by those rare abilities of his, whereof God hath given him the use, but the devil the application. In a word, I believe him to be still that grand apostate to the Com- monwealth, who must not expect to be pardoned in this world till he be dispatched to the other. And yet let me tell you, Mr. Speaker, my hand must not be to that dispatch. I protest, as my conscience stands informed, I had rather it were off. Let me unfold to you the mystery, Mr. Speaker: I will not dwell much upon justifying to you my seeming variance at this time from what I was formerly, by putting you in mind of the difference between prosecutors and judges — how misbecoming that fervor would be in a judge which, perhaps, was commend- LORD GEORGE DIGBY ,867 able in a prosecutor. Judges we are now, and must, therefore, put on another personage. It is honest and noble to be earnest in order to the discovery of truth; but when that hath been brought so far as it can be to light, our judgment thereupon ought to be calm and cautious. In prosecution upon probable grounds we are accountable only for our industry or remissness; but in judg- ment we are deeply responsible to Almighty God for its recti- tude or obliquity. In cases of life, the judge is God's steward of the party's blood, and must give a strict account of every drop. But, as I told you, Mr. Speaker, I will not insist long upon this ground of difference in me from what I was formerly. The truth of it is, sir, the same ground whereupon I, with the rest of the few to whom you first committed the consideration of my Lord Strafford, brought down our opinion that it was fit he should be accused of treason — upon the same ground, I was en- gaged with earnestness in his prosecution; and had the same ground remained in that force of belief in me, which till very lately it did, I should not have been tender in his condemnation. But truly, sir, to deal plainly with you, that ground of our ac- cusation— that which should be the basis of our judgment of the Earl of Strafford as to treason — is, to my understanding, quite vanished away. This it was, Mr. Speaker, — his advising the King to employ the army in Ireland to reduce England. This I was assured would be proved before I gave my consent to his accusation. I was confirmed in the same belief during the prosecution, and fortified most of all in it after Sir Henry Vane's preparatory ex- amination, by assurances which that worthy Member, Mr. Pym, gave me, that his testimony would be made convincing by some notes of what passed in the Junto (Privy Council) concurrent with it. This I ever understood would be of some other coun- selor; but you see now, it proves only to be a copy of the same secretary's notes, discovered and produced in the manner you have heard; and those such disjointed fragments of the venom- ous parts of discourses — no results, no conclusions of councils, which are the only things that secretaries should register, there being no use of the other but to accuse and bring men into danger. But, sir, this is not that which overthrows the evidence with me concerning the army in Ireland, nor yet that all the rest of the Junto remember nothing, of it; but this, sir, which I shall LORD GEORGE DIGBY tell you, is that which works with me, under favor, to an utter overthrow of his evidence as touching the army of Ireland. Be- fore, while I was prosecutor, and under tie of secrecy, I might not discover (disclose) any weakness of the cause, which now, as Judge, I must. Mr. Secretary Vane was examined thrice upon oath at the preparatory committee. The first time he was questioned as to all the interrogatories; and to that part of the seventh which concerns the army of Ireland, he said positively these words: (< I cannot charge him with that " ; but for the rest, he desired time to recollect himself, which was granted him. Some days after, he was examined a second time, and then deposed these words concerning the King's being absolved from rules of gov- ernment, and so forth, very clearly. But being pressed as to that part of the Irish army, he said he could say <( nothing to that." Here we thought we had done with him, till divers weeks after, my Lord of Northumberland, and all others of the Junto, denying to have heard anything concerning those words of reducing England by the Irish army, it was thought fit to examine the secretary once more; and then he deposed these words to have been spoken by the Earl of Straff ord to his Maj- esty : " You have an army in Ireland, which you may employ here to reduce [or some word to that sense] this kingdom." Mr. Speaker, these are the circumstances which I confess with my conscience, thrust quite out of doors that grand article of our charge concerning his desperate advice to the King of employing the Irish army here. Let not this, I beseech you, be driven to an aspersion upon Mr. Secretary, as if he should have sworn otherwise than he knew or believed. He is too worthy to do that. Only let this much be inferred from it, that he, who twice upon oath, with time of recollection, could not remember anything of such a business, might well, a third time, misremember somewhat; and in this business the difference of one word "here" for "there," or "that" for "this," quite alters the case; the latter also being the more probable, since it is confessed on all hands that the debate then was concerning a war with Scotland. And you may remember that at the bar he once said, <( employ there. " And thus, Mr. Speaker, have I faithfully given you an account what it is that hath blunted the edge of the hatchet, or bill, with me, toward my Lord Strafford. LORD GEORGE DIGBY 1869 This was that whereupon I accused him with a free heart; prosecuted him with earnestness; and had it to my understanding been proved, should have condemned him with innocence; whereas now I cannot satisfy my conscience to do it. I profess I can have no notion of any body's intent to subvert the laws treason- ably, but by force; and this design of force not appearing, all his other wicked practices cannot amount so high with me. I can find a more easy and natural spring from whence to derive all his other crimes than from an intent to bring in tyranny, and make his own posterity, as well as us, slaves; viz., from revenge, from pride, from passion, and from insolence of nature. But had this of the Irish army been proved, it would have dif- fused a complexion of treason over all. It would have been a withe, indeed, to bind all those other scattered and lesser branches, as it were, into a fagot of treason. I do not say but the rest of the things charged may represent him a man as worthy to die, and perhaps worthier than many a traitor. I do not say but they may justly direct us to enact that they shall be treason for the future. But God keep me from giving judgment of death on any man, and of ruin to his inno- cent posterity, upon a law made & posteriori. Let the mark be set on the door where the plague is, and then let him that will enter, die. I know, Mr. Speaker, there is in Parliament a double power of life and death by bill, a judicial power, and a legislative. The measure of the one is what is legally just; of the other, what is prudentially and politically fit for the good and preser- vation of the whole. But these two, under favor, are not to be confounded in judgment. We must not piece out want of legal- ity with matter of convenience, nor the defailance of prudential fitness with a pretense of legal justice. To condemn my Lord of Strafford judicially, as for treason, my conscience is not assured that the matter will bear it, and to do it by the legislative power, my reason consultively cannot agree to that, since I am persuaded that neither the lords nor the King will pass this bill; and, consequently, that our pass- ing it will be a cause of great divisions and contentions in the state. Therefore, my humble advice is, that, laying aside this bill of attainder, we may think of another, saving only life, such as may secure the state from my Lord of Strafford, without endangering 1870 LORD GEORGE DIGBY it as much by division concerning his punishment as he hath endangered it by his practices. If this may not be hearkened unto, let me conclude in saying that to you all which I have thoroughly inculcated upon mine own conscience, on this occasion. Let every man lay his hand upon his own heart and seriously consider what we are going to do with a breath; either justice or murder — justice on the one side, or murder, heightened and aggravated to its supremest ex- tent, on the other! For, as the casuists say, he who lies with his sister commits incest, but he that marries his sister sins higher, by applying God's ordinance to his crime; so, doubtless, he that commits murder with the sword of justice, heightens that crime to the utmost. The danger being so great and the case so doubtful that I see the best lawyers in diametrical opposition concerning it, let every man wipe his heart as he does his eyes, when he would judge of a nice and subtle object. The eye, if it be pretinctured with any color, is vitiated in its discerning. Let us take heed of a blood-shotten eye in judgment. Let every man purge his heart clear of all passions. I know this great and wise body po- litic can have none; but I speak to individuals from the weak- ness which I find in myself. Away with personal animosities! Away with all flatteries to the people, in being the sharper against him because he is odious to them! Away with all fears, lest by sparing his blood they may be incensed! Away with all such considerations, as that it is not fit for a Parliament that one accused by it of treason should escape with life! Let not former vehemence of any against him, nor fear from thence that he cannot be safe while that man lives, be an ingredient in the sentence of any one of us. Of all these corruptives of judgment, Mr. Speaker, I do, be- fore God, discharge myself to the utmost of my power; and do now, with a clear conscience, wash my hands of this man's blood by this solemn protestation, that my vote goes not to the taking of the Earl of Stafford's life. 1871 SIR CHARLES WENTWORTH DILKE, BART. (1843-) IHE distinguished author of ( Greater Britain* was born at Chelsea, September 4th, 1843. His father, the late Sir Charles Wentworth Dilke, was prominent in the intellectual life of his day, and his * Papers of a Critic,' edited by his son, keep their place in the libraries of England and America. After his graduation from Trinity Hall, Cambridge, in January 1866, as "Senior Legalist," Sir Charles was called to the bar at the Middle Temple. Soon afterwards he made the celebrated tour of the world which resulted in the production of "Greater Britain" — a work which is believed to have had a larger sale than any other "first book" of its class ever printed in English. Sir Charles traveled in the United States, Canada, Australia, India, and other countries which either acknowledge English authority or represent the "Anglo-Saxon " tradition. Studying the influence of race on institutions, and of cli- matic and geographical conditions on race, he presented new prob- lems for consideration, and forced his work on public attention as one which showed marked originality and great intellectual activity. Returning to England, Sir Charles, who has always been a Radi- cal in politics, was elected to Parliament from the new borough of Chelsea, which he continued to represent until his defeat in 1886. When re-elected, it was for Forest of Dean in Gloucestershire, which he now represents. Among the numerous achievements of his parliamentary career, was the abolition of "drawing and quartering," which still remained a legal method of punishment in England until he compelled the at- tention of the House of Commons to it. Another was the reform through which school boards are elected by the rate-payers. In May 1880 he became Under Secretary of State for Foreign Affairs in the Gladstone ministry. In 1881-82 he was chairman of the Royal Commission for Negotiating a Commercial Treaty with France; in December 1892 he was appointed President of the Local Govern- ment Board with a seat in the Cabinet, and the following year he took charge of and carried the Unreformed Corporation Bill. In 1884 he was chairman of the Royal Commission for Housing the Poor, and in 1885 he took charge of and carried the Diseases Prevention Act. !872 SIR CHARLES WENT WORTH DILKE, BART. At the beginning of his parliamentary career he openly declared that he preferred a republic to a constitutional monarchy, and one of his speeches on the expense of monarchy prompted a celebrated response in favor of aristocracy from Disraeli. As a speaker, Sir Charles is forcible and direct. Few men in English public life have spoken more effectively, but as he does not prepare his speeches by writing them in advance, some of his best and most representative efforts are reported only in synopsis. Without doubt he has been more effective in a practical way as a speaker than as an author, but since it is as the author of ( Greater Britain' and works on re- lated subjects that he first made his international reputation, a rule of the World's Great Orations is suspended in his case, and the ex- amples of his style here given are from his * Greater Britain > rather than from his speeches. He is the author of other notable works besides ( Greater Britain J — among them ( The Present Position of European Politics (1887)*; 'The British Army*; ( Problems of Greater Britain >; and ( The Fall of Prince Florestan of Monaco, > a satire which, when he published it anonymously in 1874, had a great run in England, and was translated into French. Sir Charles is generally recognized as the ablest living opponent of English Conservatism. As a Radical he is eminently practical. There is nothing destructive or emotional in his theories of govern- ment, and the parliamentary debates show that on all questions of the greatest moment, — especially on those affecting England's foreign policy and the condition of her city populations, — he has been one of the most efficient constructive statesmen of his day. He has had the Premiership of England in reach, and if English Liberals had the courage of their convictions, they might have in him now a leader capable of giving Liberalism a meaning it has lost since the death of Gladstone. In 1898, Sir Charles in a public statement which was cabled to this country, reiterated his well-known views on America and the possibilities of achievement in its future. As a result, he was asked to take the premiership of the Advisory Council of the World's Best Orations. When the idea of the work was explained to him, he promptly accepted the position, and has greatly contributed — as have all other members of the Council — to the success of the work. SIR CHARLES WENTWORTH DILKE, BART. ,873 AMERICA WE ARE coasting again, gliding through calm, blue waters, watching the dolphins as they play, and the boobies as they fly, stroke and stroke, with the paddles of the ship. On the right, mountains rise through the warm, misty air, and form a long towering line upon the upper skies. Hanging high above us are the volcano of fire and that of water — twin men- acers of Guatemala city. In the sixteenth century the water- mountain drowned it; in the eighteenth it was burnt by the fire-hill. Since then the city has been shaken to pieces by earth- quakes, and of sixty thousand men and women, hardly one es- caped. Down the valley, between the peaks, we have through the mahogany groves an exquisite distant view toward the city. Once more passing on, we get peeps, now of West Honduras, and now of the island coffee plantations of Costa Rica. The heat is terrible. It was just here, if we are to believe Drake, that he fell in with a shower so hot and scalding that each drop burnt its hole through his men's clothes as they hung up to dry. <( Steep stories, w it is clear, were known before the plantation of America. Now that the time has come for a leave-taking of the conti- nent, we can begin to reflect upon facts gleaned during visits to twenty-nine of the forty-five Territories and States — twenty-nine empires the size of Spain. A man may see American countries, from the pine wastes of Maine to the slopes of Sierra; may talk with American men and women, from the sober citizens of Boston to Digger Indians in California; may eat of American dishes, from jerked buffalo in Colorado to clambakes on the shores near Salem; and yet, from the time he first <( smells the molasses " at Nantucket light-ship to the moment when the pilot quits him at the Golden Gate, may have no idea of an America. You may have seen the East, the South, the West, the Pacific States, and yet have failed to find America. It is not till you have left her shores that her image grows up in the mind. The first thing that strikes the Englishman just landed in New York is the apparent Latinization of the English in Amer- ica; but before he leaves the country he comes to see that this is at most a local fact, and that the true moral of America is v — n8 SIR CHARLES WENTWORTH DILKE, BART. the vigor of the English race — the defeat of the cheaper by the dearer peoples, the victory of the man whose food costs four shillings a day over the man whose food costs four pence. Ex- cluding the Atlantic cities, the English in America are absorbing the Germans and the Celts, destroying the Red Indians, and checking the advance of the Chinese. The Saxon is the only extirpating race on earth. Up to the commencement of the now inevitable destruction of the Red Indians of Central North America, of the Maories, and of the Australians by the English colonists, no numerous race had ever been blotted out by an invader. The Danes and Saxons amal- gamated with the Britons, the Goths and Burgundians with the Gauls; the Spaniards not only never annihilated a people, but have themselves been all but completely expelled by the Indians in Mexico and South America. The Portuguese in Ceylon, the Dutch in Java, the French in Canada and Algeria, have con- quered but not killed off the native peoples. Hitherto it has been nature's rule that the race that peopled a country in the earliest historic days should people it to the end of time. The American problem is this: Does the law, in a modified shape, hold good, in spite of the destruction of the native population ? Is it true that the negroes, now that they are free, are com- mencing slowly to die out — that the New Englanders are dying fast, and their places being supplied by immigrants ? Can the English in America, in the long run, survive the common fate of all migrating races ? Is it true that, if the American settlers continue to exist, it will be at the price of being no longer English, but Red Indian ? It is certain that the English fami- lies long in the land have the features of the extirpated race; on the other hand, in the negroes there is at present no trace of any change, save in their becoming dark brown instead of black. The Maories — an immigrant race — were dying off in New Zealand when we landed there. The Red Indians of Mexico — another immigrant people — had themselves undergone decline, numerical and moral, when we first became acquainted with them. Are we English in turn to degenerate abroad, under pressure of a great natural law forbidding change ? It is easy to say that the English in Old England are not a native, but an immigrant race; that they show no symptoms of decline. There, however, the change was slight, the distance short, the difference of climate small. SIR CHARLES WENTWORTH DILKE, BART. ,875 The rapidity of the disappearance of physical type is equaled at least, if not succeeded, by that of the total alteration of the moral characteristics of the immigrant races — the entire destruc- tion of eccentricity, in short. The change that comes over those among the Irish who do not remain in the great towns is not greater than that which overtakes the English hand-workers, of whom some thousands reach America each year. Gradually set- tling down on land, and finding themselves lost in a sea of in- telligence, and freed from the inspiring obstacles of antiquated institutions and class prejudice, the English handicraftsman, ceas- ing to be roused to aggressive Radicalism by the opposition of sinister interests, merges into the contented homestead settler or adventurous backwoodsman. Greater even than this revolution of character is that which falls upon the Celt. Not only is it a fact known alike to physiologists and statisticians, that the child- ren of Irish parents born in America are, physically, not Irish, but Americans, but the like is true of the moral type; the change in this is at least as sweeping. The son of Fenian Pat and bright-eyed Biddy is the normal, gaunt American, quick of thought, but slow of speech, whom we have begun to recognize as the latest production of the Saxon race, when housed upon the Western prairies, or in the pine woods of New England. For the moral change in the British workmen it is not diffi- cult to account; the man who will leave country, home, and friends, to seek new fortunes in America, is essentially not an ordinary man. As a rule, he is above the average in intelli- gence, or, if defective in this point, he makes up for lack of wit by the possession of concentrativeness and energy. Such a man will have pushed himself to the front in his club, his union, or his shop, before he emigrates. In England he is somebody; in America he finds all hands contented, or, if not this, at all events too busy to complain of such ills as they profess to labor under. Among contented men, his equals both in intelligence and ambi- tion, in a country of perfect freedom of speech, of manners, of laws, and of society, the occupation of his mind is gone, and he comes to think himself what others seem to think him — a no- body; a man who no longer is a living force. He settles upon land; and when the world knows him no more, his children are happy corn-growers in his stead. The shape of North America makes the existence of distinct peoples within her limits almost impossible. An upturned bowl, Xg76 SIR CHARLES WENTWORTH DILKE, BART. with a mountain rim, from which the streams run inward toward the centre, she must fuse together all the races that settle within her borders, and the fusion must now be in an English mold. There are homogenous foreign populations in several portions of the United States; not only the Irish and Chinese, at whose prospects we have already glanced, but also Germans in Pennsyl- vania, Spanish in Florida, French in Louisiana and at Sault de Ste. Marie. In Wisconsin there is a Norwegian population of over a hundred thousand, retaining their own language and their own architecture, and presenting the appearance of a tough morsel for the English to digest; at the same time, the Swedes were the first settlers of Delaware and New Jersey, and there they have disappeared. Milwaukee is a Norwegian town. The houses are narrow and high, the windows many, with circular tops ornamented in wood or dark-brown stone, and a heavy wooden cornice crowns the front. The churches have the wooden bulb and spire which are characteristic of the Scandinavian public buildings. The Nor- wegians will not mix with other races, and invariably flock to spots where there is already a large population speaking their own tongue. Those who enter Canada generally become dissat- isfied with the country, and pass on into Wisconsin or Minnesota, but the Canadian Government has now under its consideration a plan for founding a Norwegian colony on Lake Huron. The numbers of this people are not so great as to make it important to inquire whether they will ever merge into the general popula- tion. Analogy would lead us to expect that they will be ab- sorbed; their existence is not historical, like that of the French in Lower Canada. From Burlington, in Iowa, I had visited a spot the history of which is typical of the development of America — Nauvoo. Founded in 1840 by Joe Smith, the Mormon city stood upon a bluff overhanging the Des Moines Rapids of the Mississippi, pre- senting on the land-side the aspect of a gentle, graceful slope surmounted by a plain. After the fanatical pioneers of English civilization had been driven from the city and their temple burned, there came Cabet's Icarian band, who tried to found a new France in the desert; but in 1856 the leader died, and his people dispersed themselves about the States of Iowa and Mis- souri. Next came the English settlers, active, thriving, regard- less of tradition, and Nauvoo is entering on a new life as the SIR CHARLES WENT WORTH DILKE, BART. capital of a wine-growing country. I found Cabet and the Mor- mons alike forgotten. The ruins of the temple have disappeared, and the huge stones have been used up in cellars, built to con- tain the Hock — a pleasant wine, like Zeltinger. The bearing upon religion of the gradual destruction of race is of great moment to the world. Christianity will gain by the change; but which of its many branches will receive support is a question which only admits of an imperfect answer. Arguing a priori, we should expect to find that, on the one hand, a tendency toward unity would manifest itself, taking the shape, perhaps, of a gain of strength by the Catholic and Anglican Churches; on the other hand, there would be a contrary and still stronger tendency toward an infinite multiplication of beliefs, till millions of men and women would become each of them his own church. Coming to the actual cases in which we can trace the tendencies that commence to manifest themselves, we find that in America the Anglican Church is gaining ground, espe- cially on the Pacific side, and that the Catholics do not seem to meet with any such success as we should have looked for; re- taining, indeed, their hold over the Irish women and a portion of the men, and having their historic French branches in Lou- isiana and in Canada, but not, unless it be in the cities of New York and Philadelphia, making much way among the English. Between San Francisco and Chicago, for religious purposes the most cosmopolitan of cities, we have to draw distinctions. In the Pacific city, the disturbing cause is the presence of New Yorkers; in the metropolis of the Northwestern States, it is the dominance of New England ideas; still, we shall find no two cities so free from local color, and from the influence of race. The result of an examination is not encouraging; in both cities there is much external show in the shape of Church attendance; in neither does religion strike its roots deeply into the hearts of its citizens, except so far as it is alien and imported. The Spiritualist and Unitarian Churches are both of them in Chicago extremely strong; they support newspapers and period- icals of their own, and are led by men of remarkable ability and energy, but they are not the less Cambridge Unitarianism, Bos- ton Spiritualism; there is nothing of the Northwest about them. In San Francisco, on the other hand, Anglicanism is prospering, but it is New York Episcopalianism, sustained by immigrants and money from the East; in no sense is it a Californian Church. !878 SIR CHARLES WENTWORTH DILKE, BART. Throughout America the multiplication of churches is rapid, but, among the native-born Americans, Supernaturalism is advanc- ing with great strides. The Shakers are strong in thought, the Spiritualists in wealth and numbers; Communism gains ground, but not Polygamy — the Mormon is a purely European Church. There is just now progressing in America a great movement, headed by the <( Radical Unitarians, B toward <( free religion, * or Church without creed. The leaders deny that there is sufficient security for the spread of religion in each man's individual action; they desire collective work by all free-thinkers and liberal religionists in the direction of truth and purity of life. Christ- ianity is higher than dogma, we are told; there is no way out of infinite multiplication of creeds but by their total extirpation. Oneness of purpose and a common love for truth form the mem- bers' only tie. Elder Frederick Evans said to me, <(A11 truth forms part of Shakerism w ; but these free religionists assure us that in all truth consists their sole religion. The distinctive feature of these American philosophical and religious systems is their gigantic width; for instance, every human being who admits that disembodied spirits may in any way hold intercourse with dwellers upon earth, whatever else he may believe or disbelieve, is claimed by the Spiritualists as a member of their Church. They tell us that by <( Spiritualism they understand whatever bears relation to spirit*; their system embraces all existence, brute, human, and divine ; in fact, tf the real man is a spirit.* According to these ardent proselytizers, every poet, every man with a grain of imagination in his nature, is a <( Spiritualist. w They claim Plato, Socrates, Milton, Shakes- peare, Washington Irving, Charles Dickens, Luther, Melanchthon, Paul, Stephen, the whole of the Hebrew prophets, Homer, and John Wesley, among the members of their Church. They have lately canonized new saints; St. Confucius, St. Theodore (Parker), St. Ralph (Waldo Emerson), St. Emma (Hardings), all figure in their calendar. It is a noteworthy fact that the saints are mostly resident in New England. The tracts published at the Spiritual Clarion Office, Auburn, New York, put forward Spiritualism as a religion, which is to stand toward existing churches as did Christianity toward Juda- ism, and announce a new dispensation to the people of the earth <( who have sown their wild oats in Christianity. w But they spell <( supersede * with a <( c. * SIR CHARLES WENTWORTH DILKE, BART. This strange religion has long since left behind the rappings and table-turnings in which it took its birth. The secret of its success is that it supplies to every man the satisfaction of the universal craving for the supernatural in any form in which he will receive it. The Spiritualists claim two millions of active be- lievers and five million " favorers * in America. The presence of a large German population is thought by some to have an important bearing on the religious future of America, but the Germans have hitherto kept themselves apart from the intellectual progress of the nation. They for the most part withdraw from towns, and, retaining their language and sup- porting local papers of their own, live out of the world of Amer- ican literature, politics, and thought, taking, however, at rare intervals, a patriotic part in national affairs, as was notably the case at the time of the last rebellion. Living thus by them- selves, they have even less influence upon American religious thought than have the Irish, who, speaking the English tongue, and dwelling almost exclusively in towns, are brought more in contact with the daily life of the republic. The Germans in America are in the main pure materialists under a certain show of deism; but hitherto there has been no alliance between them and the powerful Chicago Radical Unitarians — difference of lan- guage having thus far proved a bar to the formation of a league which would otherwise have been inevitable. On the whole, it would seem that for the moment religious prospects are not bright; the tendency is rather toward intense and unhealthily developed feeling in the few, and subscription to some one of the Episcopalian Churches — Catholic, Anglican, or Methodist — among the many, coupled with real indifference. Neither the tendency to unity of creeds nor that toward infinite multiplication of beliefs has yet made that progress which ab- stract speculation would have led us to expect. So far as we can judge from the few facts before us, there is much likelihood that multiplication will in the future prove too strong for unity. After all, there is not in America a greater wonder than the Englishman himself, for it is to this continent that you must come to find him in full possession of his powers. Two hundred and fifty millions of people speak or are ruled by those who speak the English tongue and inhabit a third of the habitable globe; but at the present rate of increase, in sixty years there will be two hundred and fifty millions of Englishmen dwelling SIR CHARLES WENTWORTH DILKE, BART. in the United States alone. America has somewhat grown since the time when it was gravely proposed to call her <( Alleghania, * after a chain of mountains which, looking from this western side, may be said to skirt her eastern border, and the loftiest peaks of which are but half the height of the very passes of the Rocky Mountains. America is becoming, not English merely, but world-embracing in the variety of its type; and as the English element has given language and history, to that land, America offers the English race the moral directorship of the globe, by ruling mankind through Saxon institutions and the English tongue. Through America, England is speaking to the world. OMPHALISM DASHING through a grove of cottonwood trees draped in big- nonia and ivy, we came out suddenly upon a charming scene; a range of huts and forts crowning a long, low hill seamed with many a timber-clothed ravine, while the clear stream of the Republican Fork wreathed itself about the woods and bluffs. The blockhouse over which floated the Stars and Stripes was Fort Riley, the Hyde Park Corner from which continents are to measure all their miles ; the <( capital of the universe, w or (< centre of the world. * Not that it has always been so. Geo- graphers will be glad to learn that not only does the earth gyrate, but that the centre of its crust also moves; within the last ten years it has removed westward into Kansas from Mis- souri, from Independence to Fort Riley. The contest for centre- ship is no new 'thing. Herodotus held that Greece was the very middle of the world, and that the unhappy Orientals were frozen, and the yet more unfortunate Atlantic Indians baked every after- noon of their poor lives in order that the sun might shine on Greece at noon; London plumes herself on being the <( centre of the terrestrial globe M ; Boston is the (< hub of the hull universe, w though the latter claim is less physical than moral, I believe. In Fort Riley, the Western men seem to have found the physi- cal centre of the United States, but they claim for the Great Plains as well the intellectual as the political leadership of the whole continent. These hitherto untrodden tracts, they tell you, form the heart of the empire, from which the lifeblood must SIR CHARLES WENT WORTH DILKE, BART. be driven to the extremities. Geographical and political centres must ultimately coincide. Connected with this belief is another Western theory — that the powers of the future must be " Continental. w Germany, or else Russia, is to absorb all Asia and Europe except Britain. North America is already cared for, as the gradual extinction of the Mexicans and absorption of the Canadians they consider cer- tain. As for South America, the Californians are already plan- ning an occupation of western Brazil, on the ground that the continental power of South America must start from the head waters of the great rivers and spread seaward down the streams. Even in the Brazilian climate they believe that the Anglo-Saxon is destined to become the dominant race. The success of this omphalism, this government from the centre, will be brought about, in the Western belief, by the ne- cessity under which the natives on the head waters of all streams will find themselves of having the outlets in their hands. Even if it be true that railways are beating rivers, still the railways must also lead seaward to the ports, and the need for their con- trol is still felt by the producers in the centre countries of the continent. The Upper States must everywhere command the Lower, and salt-water despotism find its end. The Americans of the Valley States, who fought all the more heartily in the Federal cause from the fact that they were battling for the freedom of the Mississippi against the men who held its mouth, look forward to the time when they will have to assert, peaceably but with firmness, their right to the freedom of their railways through the North Atlantic States. Whatever their respect for New England, it cannot be expected that they are forever to permit Illinois and Ohio to be neutralized in the Sen- ate by Rhode Island and Vermont. If it go hard with New Eng- land, it will go still harder with New York, and the Western men look forward to the day when Washington will be removed, Con- gress and all, to Columbus or Fort Riley. The singular wideness of Western thought, always verging on extravagance, is traceable to the width of Western land. The immensity of the continent produces a kind of intoxication; there is moral dram-drinking in the contemplation of the map. No Fourth of July oration can come up to the plain facts contained in the land commissioner's report. The public domain of the United States still consists of one thousand five hundred millions SIR CHARLES WENTWORTH DILKE, BART. of acres; there are two hundred thousand square miles of coal- lands in the country, ten times as much as in all the remaining world. In the Western Territories not yet States, there is land sufficient to bear, at the English population rate, five hundred and fifty millions of human beings. It is strange to see how the Western country dwarfs the Eastern States. Buffalo is called a (< Western city*; yet from New York to Buffalo is only three hundred and fifty miles, and Buffalo is but seven hundred miles to the west of the most eastern point in all the United States. On the other hand, from Buffalo we can go two thousand five hundred miles westward without quitting the United States. <( The West * is eight times as wide as the Atlantic States, and will soon be eight times as strong. The conformation of North America is widely different to that of any other continent on the globe. In Europe the glaciers of the Alps occupy the centre point, and shed the waters toward each of the surrounding seas; confluence is almost unknown. So it is in Asia; there the Indus flowing into the Arabian Gulf, the Oxus into the Sea of Aral, the Ganges into the Bay of Ben- gal, the Yangtse Kiang into the Pacific, and the Yenesei into the Arctic Ocean, all take their rise in the central table-land. In South America the mountains form a wall upon the West, whence the rivers flow eastward in parallel lines. In North America alone are there mountains on each coast, and a trough between, into which the rivers flow together, giving in a single valley twenty-three thousand miles of navigable stream to be plowed by steamships. The map proclaims the essential unity of North America. Political geography might be a more interesting study than it has yet been made. i883 JOHN A. D1X (1798-1879) JOHN A. Dix was born at Boscawen, New Hampshire, July 24th, 1798, and educated partly in the schools of his native State and partly in a French college at Montreal. He served in the War of 1812, and returning was admitted to the bar of New York. Becoming interested in politics he held various State offices until 1845, when he was elected to the United States Senate, where he served four years. He was Postmaster of New York city and Secre- tary of the Treasury under President Buchanan. In 1861 he became a Major-General of volunteers, and afterwards served with the same rank in the regular army. From 1866 to 1869 he was Minister to France, and from 1873 to 1875 Governor of New York. He died in New York city, April 2ist, 1879. While he is more noted as a sol- dier and man of affairs than as a speaker, some passages from his addresses have become celebrated. Among the most often quoted is that on the Influence of Christianity on Politics, here reproduced from (Munn's American Orator* (Boston 1853). CHRISTIANITY AND POLITICS THE influence of Christianity upon the political condition of mankind, though silent and almost imperceptible, has doubt- less been one of the most powerful instruments of its amel- ioration. The principles and the practical rules of conduct which it prescribes; the doctrine of the natural equality of men, of a common origin, a common responsibility, and a common fate; the lessons of humility, gentleness, and forbearance, which it teaches, are as much at war with political as they are with all moral injustice, oppression, and wrong. During century after century, excepting for brief intervals, the world too often saw the beauty of the system marred by the fiercest intolerance and the grossest depravity. It has been made the confederate of monarchs in carrying out schemes of oppression and fraud. Un- der its banner armed multitudes have been banded together and 1 884 J°HN A' DIX led on by martial prelates to wars of desolation and revenge. Perpetrators of the blackest crimes have purchased from its chief ministers a mercenary immunity from punishment. But nearly two thousand years have passed away, and no trace is left of the millions who, under the influence of bad pas- sions, have dishonored its holy precepts, or of the far smaller number who, in seasons of general depravation, have drunk its current of living water on the solitary mountain or in the hollow rock. Its simple maxims, outliving them all, are silently work- ing out a greater revolution than any which the world has seen; and long as the period may seem since its doctrines were first announced, it is almost imperceptible when regarded as one of the divisions of that time which is of endless duration. To use the language of an eloquent and philosophical writer: — <( The movements of Providence are not restricted to narrow bounds; it is not anxious to deduce to-day the consequences of the premises it laid down yesterday, It may defer this for ages, till the fullness of time shall come. Its logic will not be less conclusive for reasoning slowly. Providence moves through time as the gods of Homer through space; it makes a step, and years have rolled away. How long a time, how many circumstances, intervened before the re- generation of the moral powers of man by Christianity exercised its great, its legitimate function upon his social condition! Yet who can doubt or mistake its power?* i885 ALBERT B. DOD (1805-1845) ILBERT B. DOD was born at Medham, New Jersey, March 24th, 1805. A graduate of Princeton University, he was identified with it during the whole of his brilliant career. Graduating a doctor of divinity he filled the chair of mathematics at Princeton, lectured on architecture, political economy, and other subjects, and contributed to the reviews, besides preaching sermons which are ranked as pulpit classics. He died November 2oth, 1845, at the height of his usefulness. <(As a teacher, » writes one of his biograph- ers, <( the genius of Professor Dod enkindled the enthusiasm of all who came under his instructions, and made him eminent in his pro- fession. As a champion for the truth, he was earnest, able, and suc- cessful. He appeared before the public much more frequently as a literary and scientific man than as a preacher. But when speaking from the pulpit he never failed to command the most marked atten- tion and fix deep in the mind the truth under discussion." THE VALUE OF TRUTH (From a Sermon on the Responsibility of Man for His Beliefs) IT is evident that the happiness of man was intended to be de- rived chiefly from his own internal dispositions. External circumstances are but secondary and inferior sources of en- joyment or suffering. In the heart itself is hid the secret foun- tain which refreshes or saddens us with its sweet or bitter waters. We can conceive of a heart so filled with pure affec- tions, so informed with knowledge and strengthened by love, so thoroughly fortified by acquiescence — () SUCH swarms of murmurers as this day disclose themselves — are they not fearful symptoms of this sick and diseased time ? Ought we not rather with more justice and fear ap- prehend those heavy judgments which this minor prophet Prynne hath denounced against this land for tolerating different things, to fall upon us for suffering them, like those mutineers against Moses and Aaron, as not fit to breathe ? My lords, it is high time to make a lustration to purge the air. And will justice ever bring a more fit oblation than this Achan ? Adam, in the beginning, put names on creatures correspondent to their natures. The title he hath given this book is (< Histrio-Mastix, " or, rather, as Mr. Secretary Cook observed, <(Anthropo-mastix w ; but that comes not home ; it deserves a far higher title — (< Damnation, w in plain English, of prince, prelacy, peers, and people. Never did Pope in Cathedra, assisted with the spirit of infallibility, more positively and more peremptorily condemn heretics and heresy than this doth mankind. Lest any partial auditor may think me trans- ported with passion, to judge of the base liveries he bestoweth upon court and courtiers, I shall do that which a judge ought to do, viz., assist the prisoner at the bar. Give me leave to remem- ber what Mr. Attorney let fall the other day. — I will take hold of it for the gentleman's advantage, — that this gentleman had no mission; if he had had a mission it would have qualified the offense. Our blessed Savior, when he conversed in this world, chose Apostles whom he sent after him into the world, saying: "Ite, predicate* to show the way of salvation to mankind. Faith, hope, and charity were the steps of this Jacob's ladder to as- cend heaven by. The devil, who hates every man upon earth, played the divine, cited books, wrought miracles; and he will have his disciples, too, as he had his confessors and martyrs. My lords, this contempt, disloyalty, and despair are the ropes which this emissary lets down to his great master's kingdom for a general service. My lords, as the tenor of their commission was different, so are their ways. These holy men advanced their THE EARL OF DORSET cause in former times by meekness, humility, patience to bear with the weakness and infirmities of their brethren; they taught obedience to magistracy, even for conscience' sake; they divided not their estates into factions; they detracted from none; they sought the salvation of men's souls, and guided their bodies and affections answerably; they gave to Caesar the things that were Caesar's; if princes were bad, they prayed for them; if good, they praised God for them; however, they bore with them. This was the doctrine of the primitive Church, and this they did. I appeal to my lords, they that have read this book, if Mr. Prynne has not, with breach of faith, discharged his great Master's end. My lords, when God had made all his works, he looked upon them and saw that they were good. This gentleman, the devil having put spectacles on his nose, says that all is bad; no recreation, vocation, no condition good; neither sex, magistrate, ordinance, custom, divine and human, things animate, inanimate, all, my lords, wrapt up in massa dam- nata, all in the ditch of destruction. Here, my lords, we may observe the great prudence of this prince of darkness, a soul so fraught of malice, so void of humanity, that it gorgeth out all the filth, impiety, and iniquity that the discontent of this age doth contract against the State and Church. But it may be that some follower of his will say it was the pride and wickedness of the times that prompted him to this work, and set his zeal, through tenderness of conscience, to write this book. My lords, you may know an unclean bird by his feathers; let him be un- plumed, unmasked, pull off the deceitful wizard, and see how he appeareth: this brittle-conscienced brother, that perhaps starts at the sight of the corner-cap, sweats at the surplus, swoons at the sign of the cross, and will rather die than put on woman's ap- parel to save his life; yet, he is so zealous for the advancement of his babel, that he invents legions, coins new statutes, corrupts and misapplies texts with false interpretations, dishonors all men, defames all women, equivocates lies! And yet this man is a holy man, a pillar of the Church! Do you, Mr. Prynne, find fault with the (< court and courtiers' habit, silk and satin divines * ? I may say of you, you are all purple within, all pride, malice, and all disloyalty. You are a tumbler, who is commonly squint- eyed; you look one way and run another way; though you seemed by the title of your book to scourge stage-plays, yet it THE EARL OP DORSET ,9OI was to make people believe that there was an apostasy in the magistrates. But, my lords, admit all this to be venial and par- donable, this pigmy groweth a giant, and invades the gods them- selves. Where we enjoy this felicity under a gracious prince, with so much advantage as to have the light of the Gospel, whilst others are kept in darkness, the happiness of the recrea- tions to the health of the body, the blessed government we now have. When did ever Church so flourish, and State better pros- per? And since the plagues happened, none have been sent among us such as this caterpillar is. What vein hath opened his anger ? Or, who hath let out his fury ? When did ever man see such a quietus as in these days ? Yet in this golden age is there not a Shimei amongst us, that curseth the anointed of the Lord ? So puffed with pride, now can the beams of the sun thaw his frozen heart, and this man appeareth yet. And now, my lords, pardon me, as he hath wounded his Majesty in his head, power, and government, and her Majesty, his Majesty's dear consort, our royal Queen, and my gracious mistress, I can spare him no longer, I am at his heart. Oh! quantum! If any cast infamous aspersions and censures on our Queen and her innocency, silence would prove impiety rather than ingratitude in me, that do daily contemplate her virtues; I will praise her for that which is her own; she drinks at the springhead, whilst others take up at the stream. I shall not alter the great truth that hath been said, with a heart as full of devotion, as a tongue of eloquence, the other day, as it came to his part [mean- ing Sir John Finch]. My lords, her own example to all virtues, the candor of her life, is a more powerful motive than all pre- cepts, than the severest of laws; no hand of fortune nor of power can hurt her; her heart is full of honor, her soul of chastity; majesty, mildness, and meekness are so married together, and so impaled in her, that where the one begetteth admiration, the other love; her soul of that excellent temper, so harmoniously composed; her zeal in the ways of God unparalleled; her affec- tions to her Lord so great, if she offend him it is no sunset in her anger; in all her actions and affections so elective and judi- cious, and a woman so constant for the redemption of all her sex from all imputations, which men (I know not how justly) sometimes lay on them; a princess, for the sweetness of her dis- position, and for compassion, always relieving some oppressed THE EARL OF DORSET soul, or rewarding some deserving subject; were all such saints as she, I think the Roman Church were not to be condemned: on my conscience, she troubleth the ghostly father with nothing, but that she hath nothing to trouble him withal. And so when I have said all in her praise, I can never say enough of her excellency; in the relation whereof an orator cannot flatter, nor poet lie: yet is there not Doeg among us, notwithstanding all the tergiversations his counsel hath used at the bar ? I can bet- ter prove that he meant the King and Queen by that infamous Nero, etc., than he proves players go to hell. But Mr. Prynne, your iniquity is full, it runs over, and judgment is come; it is not Mr. Attorney that calls for judgment against you, but it is all mankind; they are the parties grieved, and they call for judg- ment. Mr. Prynne, I do declare you to be a schism maker in the Church, a sedition sower in the commonwealth, a wolf in sheep's clothing; in a word, omnium malorum nequissimus. I shall fine you ten thousand pounds sterling, which [addressing the other lords] is more than he is worth, yet less than he deserveth; I will not set him at liberty no more than a plagued man or a mad dog, who though he cannot bite, he will foam; he is so far from being a sociable soul that he is not a rational soul; he is fit to live in dens with such beasts of prey as wolves and tigers like himself. Therefore, I do condemn him to perpetual imprisonment as those monsters that are no longer fit to live among men, nor to see light. Now for corporal punishment, my lords, whether I should burn him in the forehead, or slit him in the nose ? He that was guilty of murder was marked in a place where he might be seen, as Cain was. I should be loath he should escape with his ears, for he may get a periwig, which he now so much in- veighs against, and so hide them, or force his conscience to make use of his unlovely love-locks on both sides. Therefore, I would have him branded in the forehead, slit in the nose, and his ears cropped too. My lords, I now come to this ordure; I can give no better term to it, to burn it, as it is common in other countries, or otherwise we shall bury Mr. Prynne and suffer his ghost to walk. I shall, therefore, concur to the burning of the book; but let there be a proclamation made, that whosoever shall keep any of the books in his hands and not bring them to some pub- lic magistrate to be burnt in the fire, let them fall under the THE EARL OF DORSET sentence of this court; for if they fell into wise men's hands, or good men's hands, that were no fear, but if among the common sort, and into weak men's hands, then tenderness of conscience will work something. Let this sentence be recorded, and let it be sent to the library of Sion [meaning a college in London], whither a woman, by her will, will allow Mr. Prynne's work to be sent. [The sentence against Prynne was executed the seventh and tenth days of May following.] 1904 DANIEL DOUGHERTY (1826-1889) DANIEL DOUGHERTY was for almost a generation one of the favorite orators of Philadelphia. He was a Democrat in politics and made the speech nominating Hancock, which fixed on him the title of <( Hancock the Superb. » He also put Cleve- land in nomination at the St. Louis convention of 1888. He died September 5th, 1889. His reputation as an orator was national, but his speeches have never been collected, and as he did not attempt a congressional career, it is possible that he will become one more addition to the already long list of those who are praised as (< silver- tongued® by their generation, without transmitting themselves ade- quately to posterity. « HANCOCK THE SUPERB » (Delivered in the Democratic National Convention at Cincinnati, June 1880, Nominating Winfield Scott Hancock for the Presidency) I PROPOSE to present to the thoughtful consideration of the con- vention the name of one who, though on the field of battle he was styled the * The Superb, B won still nobler renown as a military governor, whose first act when in command of Louisi- ana and Texas was to salute the Constitution by proclaiming that military rule shall ever be subservient to the civil power. The plighted word of the soldier was made good by the acts of the statesman. I nominate one whose name, suppressing all fac- tions, will be alike acceptable to the North and to the South — a name that will thrill the Republic; the name of a man who, if nominated, will crush the last embers of sectional strife — a man whose name will be hailed as the dawning of a day of per- petual brotherhood. With him we can fling away our shields, and wage an aggressive war. We can appeal to the supreme tribunal of the American people against the corruption of the Republican party and its untold violations of constitutional lib- erty. With him as our chieftain, the bloody banner of the DANIEL DOUGHERTY Republicans will fall from their palsied grasp. Oh, my country- men, in this supreme moment the destinies of the Republic are at stake and the liberties of the people are imperiled. The peo- ple hang breathless on your deliberation. Take heed! Make no misstep! I nominate one who can carry every Southern State, and who can carry Pennsylvania, Indiana, Connecticut, New Jer- sey, and New York — the soldier statesman, with a record as stainless as his sword, Winfield Scott Hancock, of Pennsylvania. If elected, he will take his seat, v — 1 20 1906 FREDERICK DOUGLAS (1817-1895) FREDERICK DOUGLAS gained prominence at a time when it was still supposed by many that any considerable infusion of African blood would prevent intellectual development. It might be inferred, therefore, that his reputation as an orator gained under such circumstances is due in part to the false idea that he was a prodigy rather than to the merits of his oratory. If this be true, it is not largely true, for in such speeches as his < Plea for Free Speech,* in Boston, he shows not merely deep feeling, but ability to master it completely; to give it sustained, connected, and calm ex- pression, and in his climax to exhibit himself, not as the special advocate of a race, but as the champion of humanity. He was born in Maryland in 1817. His father was a white man, but his mother was a negro slave, and, following the condition of his mother, he was a slave also. He escaped from his master in 1838, and in 1841 made a speech before the Antislavery Society of Massachusetts, at Nan- tucket, so eloquent that he was employed to lecture as the society's agent. He had learned to read while a slave, and at this period was a man of considerable education. Between 1850 and 1860 he was not in harmony with the Garrison abolitionists, and the paper he pub- lished at Rochester is frequently mentioned with disapproval in the Liberator. After the Civil War he held office as United States Mar- shal and Recorder of Deeds for the District of Columbia, and as Minister to Hayti. He died February aoth, 1895. A PLEA FOR FREE SPEECH IN BOSTON (Delivered in Music Hall, Boston, in 1860 — Reported in the Liberator of December 4th, 1860) BOSTON is a. great city — and Music Hall has a fame almost as extensive as that of Boston. Nowhere more than here have the principles of human freedom been expounded. But for the circumstances already mentioned, it would seem almost presumption for me to say anything here about those FREDERICK DOUGLAS 1907 principles. And yet, even here, in Boston, the moral atmosphere is dark and heavy. The principles of human liberty, even if correctly apprehended, find but limited support in this hour of trial. The world moves slowly, and Boston is much like the world. We thought the principle of free speech was an accom- plished fact. Here, if nowhere else, we thought the right of the people to assemble and to express their opinion was secure. Dr. Channing had defended the right, Mr. Garrison had prac- tically asserted the right, and Theodore Parker had maintained it with steadiness and fidelity to the last. But here we are to-day contending for what we thought was gained years ago. The mortifying and disgraceful fact stares us in the face, that though Faneuil Hall and Bunker Hill Monu- ment stand, freedom of speech is struck down. No lengthy detail of facts is needed. They are already notorious; far more so than will be wished ten years hence. The world knows that last Monday a meeting assembled to discuss the question : <( How Shall Slavery Be Abolished ? }> The world also knows that that meeting was invaded, insulted, cap- tured, by a mob of gentlemen, and thereafter broken up and dispersed by the order of the mayor, who refused to protect it, though called upon to do so. If this had been a mere outbreak of passion and prejudice among the baser sort, maddened by rum and hounded on by some wily politician to serve some im- mediate purpose, — a mere exceptional affair, — it might be allowed to rest with what has already been said. But the leaders of the mob were gentlemen. They were men who pride themselves upon their respect for law and order. These gentlemen brought their respect for the law with them and proclaimed it loudly while in the very act of breaking the law. Theirs was the law of slavery. The law of free speech and the law for the protection of public meetings they trampled under foot, while they greatly magnified the law of slavery. The scene was an instructive one. Men seldom see such a blending of the gentleman with the rowdy, as was shown on that occasion. It proved that human nature is very much the same, whether in tarpaulin or broadcloth. Nevertheless, when gentle- men approach us in the character of lawless and abandoned loafers, — assuming for the moment their manners and tempers, — they have themselves to blame if they are estimated below their quality. 1908 FREDERICK DOUGLAS No right was deemed by the fathers of the Government more sacred than the right of speech. It was in their eyes, as in the eyes of all thoughtful men, the great moral renovator of society and government. Daniel Webster called it a homebred right, a fireside privilege. Liberty is meaningless where the right to utter one's thoughts and opinions has ceased to exist. That, of all rights, is the dread of tyrants. It is the right which they first of all strike down. They know its power. Thrones, domin- ions, principalities, and powers, founded in injustice and wrong, are sure to tremble, if men are allowed to reason of righteous- ness, temperance, and of a judgment to come in their presence. Slavery cannot tolerate free speech. Five years of its exercise would banish the auction block and break every chain in the South. They will have none of it there, for they have the power. But shall it be so here ? Even here in Boston, and among the friends of freedom, we hear two voices: one denouncing the mob that broke up our meeting on Monday as a base and cowardly outrage; and an- other, deprecating and regretting the holding of such a meeting, by such men, at such a time. We are told that the meeting was ill-timed, and the parties to it unwise. Why, what is the matter with us ? Are we going to palliate and excuse a palpable and flagrant outrage on the right of speech, by implying that only a particular description of per- sons should exercise that right ? Are we, at such a time, when a great principle has been struck down, to quench the moral in- dignation which the deed excites, by casting reflections upon those on whose persons the outrage has been committed ? After all the arguments for liberty to which Boston has listened for more than a quarter of a century, has she yet to learn that the time to assert a right is the time when the right itself is called in question, and that the men of all others to assert it are the men to whom the right has been denied ? It would be no vindication of the right of speech to prove that certain gentlemen of great distinction, eminent for their learning and ability, are allowed to freely express their opinions on all subjects — including the subject of slavery. Such a vindi- cation would need, itself, to be vindicated. It would add insult to injury. Not even an old-fashioned abolition meeting could vindi- cate that right in Boston just now. There can be no right of speech where any man, however lifted up, or however humble, FREDERICK DOUGLAS ,9O9 however young, or however old, is overawed by force, and com- pelled to suppress his honest sentiments. Equally clear is the right to hear. To suppress free speech is a double wrong. It violates the rights of the hearer as well as those of the speaker. It is just as criminal to rob a man of his right to speak and hear as it would be to rob him of his money. I have no doubt that Boston will vindicate this right. But in order to do so, there must be no concessions to the enemy. When a man is allowed to speak because he is rich and powerful, it aggravates the crime of denying the right to the poor and humble. The principle must rest upon its own proper basis. And un- til the right is accorded to the humblest as freely as to the most exalted citizen, the government of Boston is but an empty name, and its freedom a mockery. A man's right to speak does not depend upon where he was born or upon his color. The simple quality of manhood is the solid basis of the right — and there let it rest forever. STEPHEN A. DOUGLAS (1813-1861) IENRY CLAY hoped he might never live to see the Civil War, and died seeing it inevitable. Stephen A. Douglas, who at- tempted to take his place as a pacificator, lived to see it begin, and died, sternly determined to accept for himself and for all those he could influence the issues he had striven to avoid. To go over the measures of home and foreign policy by which it was sought to postpone the crisis of the struggle for sectional suprem- acy will never be a pleasant duty, and it is only necessary to point out here that as Clay stood for the traditional foreign policy of Wash- ington and Jefferson, — the maintenance of our "splendid isolation* and the development of the nation from within, — Douglas stood for the distraction of attention from domestic affairs to expansion and aggressive advance abroad. When Clay's influence as the representa- tive of what had been a (< pivotal border State * waned after the fruit- less Compromise of 1850, Douglas, as the representative of the growing power of the <( border States * north of the Ohio, forced himself into leadership as the spokesman of <( Young America * and of progres- sive ideas, which were interpreted by some of his followers to mean the conquest of the territory remaining to Mexico, the seizure of Cuba and the Central American States, and the annexation of Can- ada. These exuberances of the theory of <( Manifest Destiny * Douglas repudiated, but for a time it was hoped by some that in the discus- sion of them there would be a cessation of the agitation for disunion, now carried on by both the Secessionists of the Gulf States and the terribly determined idealists of New England. Any one who reads now the burning words in which Wendell Phillips, under the prompt- ings of a genius as fiery as that of Desmoulins and as stern as that of Danton, denounced "the league with death and the covenant with hell,* will see how sadly futile was the hope that Douglas enter- tained— that Buchanan expressed in one of his messages at a time when civil war had virtually begun — the hope that any mere "policy* can change the logic of events or alter the reality of "manifest des- tiny* involved in the accumulation of moral and intellectual forces from generation to generation, from country to country, from age to age. Douglas was hailed by enthusiastic thousands as a very great man. He will always be remembered as one of the leading actors in the STEPHEN A. DOUGLAS. Photogravure after Buttress Design from a Photograph by Brady. STEPHEN A. DOUGLAS ,9,, prologue of the greatest tragedy of American history. But the only verdict possible on his career as a whole is that he mistook the logic of history and so failed, in spite of his great powers, to control the logic of events. He was a man of remarkable natural ability, hardly surpassed as a political debater, yet an unequal match for Lincoln, because of a lack of the subtlety which is the most characteristic of all Lincoln's qualities. In the great debate of 1858, Mr. Lincoln, by his knowledge of the underlying forces of politics, was able to force issues far more radically and effectively through the speeches of Mr. Douglas than through his own. Lincoln's masterly habit of self-suppression was hardly suspected at the time, and few then could have supposed that Douglas, accustomed to use language to express his thoughts, was matched against a greater politician than Talleyrand, — one who knew the last great secret of politics — that of going twain willingly with those who had compelled him to go an unwilling mile. Born in Vermont and bred to the trade of a cabinet maker, Doug- las removed to Illinois in his youth and educated himself to such advantage that after giving up his trade and being admitted to the bar, he soon became recognized as one of the most effective lawyers of the State. He was elected Judge of the Supreme Court of Illinois in 1841. From 1843 to 1847 he served in the House of Representa- tives, and in the United States Senate from 1847 to 1861. He began to come into prominence just as Webster, Clay, Calhoun, and Benton were yielding their places at the front. Lewis Cass had been dis- credited by defeat, and Douglas easily took his place as the Western leader and Presidential candidate of those Democrats who still hoped to postpone the issue against slavery. As the representative of these, Douglas appealed for the Presidency on a theory which his opponents called « squatter sovereignty }) — the doctrine that the people of a ter- ritory had a right to decide for themselves in adopting their consti- tution, whether they would have slavery or any other institution not prohibited by the Federal Constitution. The logic of this position seemed to be irrefragable, but it left William Lloyd Garrison and Wendell Phillips out of consideration, and so in his last speeches, made in 1860 and 1861, Mr. Douglas declared against the extreme logic of <( local self-government" and in favor of any force necessary to prevent the Gulf States from establishing a confederation to con- trol the Lower Mississippi and the ports of the Gulf of Mexico. Without doubt, the "Douglas Democrats* of 1861 held the decisive balance of power, and it is hardly too much to say of him that, de- feated and heartbroken, Douglas did no less to prevent the success of the Southern States in their attempt at secession than Mr. Lincoln himself. W. V. B. STEPHEN A. DOUGLAS REPLY TO LINCOLN (In the Joint Debate, at Freeport, Illinois, June i7th, 1858) Ladies and Gentlemen: — I AM glad that at last I have brought Mr. Lincoln to the con- clusion that he had better define his position on certain polit- ical questions to which I called his attention at Ottawa. He there showed no disposition, no inclination, to answer them. I did not present idle questions for him to answer merely for my gratification. I laid the foundation for those interrogatories by showing that they constituted the platform of the party whose nominee he is for the Senate. I did not presume that I had the right to catechise him as I saw proper, unless I showed that his party, or a majority of it, stood upon the platform and were in favor of the propositions upon which my questions were based. I desired simply to know, inasmuch as he had been nominated as the first, last, and only choice of his party, whether he con- curred in the platform which that party had adopted for its government. In a few moments I will proceed to review the answers which he has given to these interrogatories; but in order to relieve his anxiety, I will first respond to these which he has presented to me. Mark you, he has not presented inter- rogatories which have ever received the sanction of the party with which I am acting, and hence he has no other foundation for them than his own curiosity. First, he desires to know if the people of Kansas shall form a constitution by means entirely proper and unobjectionable, and ask admission into the Union as a State, before they have the requisite population for a Member of Congress, whether I will vote for that admission. Well, now, I regret exceedingly that he did not answer that interrogatory himself before he put it to me, in order that we might understand, and not be left to infer on which side he is. Mr. Trumbull, during the last session of Congress, voted from the beginning to the end against the ad- mission of Oregon, although a free State, because she had not the requisite population for a Member of Congress. Mr. Trum- bull would not consent, under any circumstances, to let a State, free or slave, come into the Union until it had the requisite pop- ulation. As Mr. Trumbull is in the field fighting for Mr. Lin- coln, I would like to have Mr. Lincoln answer his own question, STEPHEN A. DOUGLAS 1913 and tell me whether he is fighting Trumbull on that issue or not. But I will answer his question. In reference to Kansas, it is my opinion that as she has population enough to constitute a slave State, she has people enough for a free State. I will not make Kansas an exceptionable case to the other States of the Union. I hold it to be a sound rule of universal application to require a Territory to contain the requisite population for a Mem- ber of Congress before it is admitted as a State into the Union. I made that proposition in the Senate in 1856, and I renewed it during the last session in a bill providing that no Territory of the United States should form a constitution and apply for admission, until it had the requisite population. On another occasion I pro- posed that neither Kansas or any other territory should be ad- mitted until it had the requisite population. Congress did not adopt any of my propositions containing this general rule, but did make an exception of Kansas. I will stand by that exception. Either Kansas must come in as a free State, with whatever pop- ulation she may have, or the rule must be applied to all the other territories alike. I therefore answer at once, that it having been decided that Kansas has people enough for a slave State, I hold that she has enough for a free State. I hope Mr. Lincoln is satisfied with my answer; and now I would like to get his answer to his own interrogatory — whether or not he will vote to admit Kansas before she has the requisite population. I want to know whether he will vote to admit Oregon before that territory has the requisite population. Mr. Trumbull will not, and the same reason that commits Mr. Trumbull against the admission of Oregon commits him against Kansas, even if she should apply for admission as a free State. If there is any sincerity, any truth, in the argument of Mr. Trumbull in the Senate against the admission of Oregon, because she had not 93,420 people, although her population was larger than that of Kansas, he stands pledged against the admission of both Oregon and Kansas, until they have 93,420 inhabitants. I would like Mr. Lincoln to answer this question. I would like him to take his own medi- cine. If he differ with Mr. Trumbull, let him answer his argu- ment against the admission of Oregon, instead of poking ques- tions at me. The next question propounded to me by Mr. Lincoln is: Can the people of the territory in any lawful way, against the wishes of any citizen of the United States, exclude slavery from their 1914 STEPHEN A. DOUGLAS limits prior to the formation of a State constitution ? I answer emphatically, as Mr. Lincoln has heard me answer a hundred times from every stump in Illinois, that in my opinion the people of a territory can, by lawful means, exclude slavery from their limits prior to the formation of a State constitution. Mr. Lincoln knew that I had answered that question over and over again. He heard me argue the Nebraska Bill on that principle all over the State in 1854, in 1855, and in 1856, and he has no excuse for pretending to be in doubt as to my position on that question. It matters not what way the Supreme Court may hereafter de- cide as to the abstract question whether slavery may or may not go into a territory under the Constitution; the people have the lawful means to introduce it or exclude it as they please, for the reason that slavery cannot exist a day or an hour anywhere, un- less it is supported by local police regulations. Those police regulations can only be established by the local legislature; and if the people are opposed to slavery, they will elect representa- tives to that body who will by unfriendly legislation effectually prevent the introduction of it into their midst. If, on the con- trary, they are for it, their legislation will favor its extension. Hence, no matter what the decision of the Supreme Court may be on that abstract question, still the right of the people to make a slave Territory or a free Territory is perfect and complete under the Nebraska Bill. I hope Mr. Lincoln deems my answer satisfactory on that point. In this connection, I will notice the charge which he has in- troduced in relation to Mr. Chase's amendment. I thought that I had chased that amendment out of Mr. Lincoln's brain at Ottawa, but it seems that still haunts his imagination, and he is not yet satisfied. I had supposed that he would be ashamed to press that question further. He is a lawyer, and has been a Member of Congress, and has occupied his time and amused you by tell- ing you about parliamentary proceeding. He ought to have known better than to try to palm off his miserable impositions upon this intelligent audience. The Nebraska Bill provided that the legislative power and authority of the said Territory should extend to all rightful subjects of legislation, consistent with the organic act and the Constitution of the United States. It did not make any exception as to slavery, but gave all the power that it was possible for Congress to give without violating the Constitution to the territorial legislature, with no exception or STEPHEN A. DOUGLAS 1915 limitation on the subject of slavery at all. The language of that bill which I have quoted gave the full power and the full authority over the subject of slavery, affirmatively and nega- tively, to introduce it or exclude it, so far as the Constitution of the United States would permit. What more could Mr. Chase give by his amendment ? Nothing. He offered his amendment for the identical purpose for which Mr. Lincoln is using it, to enable demagogues in the country to try and deceive the people. His amendment was to this effect. It provided that the leg- islature should have the power to exclude slavery; and General Cass suggested: "Why not give the power to introduce as well as exclude?* The answer was: "They have the power already in the bill to do both. M Chase was afraid his amendment would be adopted if he put the alternative proposition, and so make it fair both ways, but would not yield. He offered it for the purpose of having it rejected. He offered it, as he has himself avowed over and over again, simply to make capital out of it for the stump. He expected that it would be capital for small politicians in the country, and that they would make an effort to deceive the peo- ple with it; and he was not mistaken, for Lincoln is carrying out the plan admirably. Lincoln knows that the Nebraska Bill, with- out Chase's amendment, gave all the power which the Constitu- tion would permit. Could Congress confer any more ? Could Congress go beyond the Constitution of the country ? We gave all a full grant with no exception in regard to slavery one way or the other. We left that question, as we left all others, to be decided by the people for themselves, just as they pleased. I will not occupy my time on this question. I have argued it before all over Illinois. I have argued it in this beautiful city of Freeport; I have argued it in the North, the South, the East, and the West, avowing the same sentiments and the same principles. I have not been afraid to avow my sentiments up here for fear I would be trotted down into Egypt. The third question which Mr. Lincoln presented is : w If the Supreme Court of the United States shall decide that a State of this Union cannot exclude slavery from its own limits, will I submit to it ? * I am amazed that Lincoln should ask such a question. WA schoolboy knows better. * Yes, a schoolboy does know better. Mr. Lincoln's object is to cast an imputation upon the Supreme Court. He knows that there never was but one man in America, claiming any degree of intelligence or decency, 1916 STEPHEN A. DOUGLAS who ever for a moment pretended such a thing. It is true that the Washington Union, in an article published on the seventeenth of last December, did put forth that doctrine, and I denounced the article on the floor of the Senate in a speech which Mr. Lin- coln now pretends was against the President. The Union had claimed that slavery had a right to go into the free States, and that any provisions in the Constitution or laws of the Free States to the contrary were null and void. I denounced it in the Sen- ate, as I said before, and I was the first man who did. Lincoln's friends, Trumbull and Seward and Hale and Wilson and the whole black Republican side of the Senate were silent. They left it to me to denounce it. And what was the reply made to me on that occasion ? Mr. Toombs, of Georgia, got up and un- dertook to lecture me on the ground that I ought not to have deemed the article worthy of notice and ought not to have re- plied to it; that there was not one man, woman, or child south of the Potomac, in any slave State, who did not repudiate any such pretension. Mr. Lincoln knows that that reply was made on the spot, and yet now he asks this question. He might as well ask me : <( Suppose Mr. Lincoln should steal a horse, would you sanction it ? * and it would be as genteel in me to ask him, in the event he stole a horse, what ought to be done with him. He casts an imputation upon the Supreme Court of the United States by supposing that they would violate the Constitution of the United States. I tell him that such a thing is not possible. It would be an act of moral treason that no man on the bench could ever descend to. Mr. Lincoln himself would never in his partisan feelings so far forget what was right as to be guilty of such an act. The fourth question of Mr. Lincoln is: "Are you in favor of acquiring additional territory, in disregard as to how such ac- quisition may affect .the Union on the slavery question ? }> This question is very ingeniously and cunningly put. The Black Republican creed lays it down expressly, that un- der no circumstances shall we acquire any more territory unless slavery is first prohibited in the country. I ask Mr. Lincoln whether he is in favor of that proposition. Are you [addressing Mr. Lincoln] opposed to the acquisition of any more territory, under any circumstances, unless slavery is prohibited in it ? That he does not like to answer. When I ask him whether he stands up to that article in the platform of his party he turns, Yankee STEPHEN A. DOUGLAS ,9,7 fashion, and, without answering it, asks me whether I am in favor of acquiring territory without regard to how it may affect the Union on the slavery question. I answer that whenever it becomes necessary, in our growth and progress, to acquire more territory, that I am in favor of it, without reference to the ques- tion of slavery; and when we have acquired it, I will leave the people free to do as they please, either to make it slave or free territory, as they prefer. It is idle to tell me or you that we have territory enough. Our fathers supposed that we had enough when our territory extended to the Mississippi River, but a few years' growth and expansion satisfied them that we needed more, and the Louisiana Territory, from the west branch of the Missis- sippi to the British possessions, was acquired. Then we acquired Oregon, then California and New Mexico. We have enough now for the present, but this is a young and a growing nation. It swarms as often as a hive of bees; and as new swarms are turned out each year, there must be hives in which they can gather and make their honey. In less than fifteen years, if the same pro- gress that has distinguished this country for the last fifteen years continue, every foot of vacant land between this and the Pacific Ocean owned by the United States will be occupied. Will you not continue to increase at the end of fifteen years as well as now ? I tell you, increase and multiply and expand is the law of this nation's existence. You cannot limit this great Republic by mere boundary lines, saying: ( The South Carolina convention thus addressed the people of the slave States: — <( People of the slaveholding States of . the United States : Circum- stances beyond our control have placed us in the van of the great controversy between the Northern and Southern States. We would have preferred that other States should have assumed the position we now occupy. Independent ourselves, we disclaim any intention or design to lead the counsels of the other Southern States. Provi- dence has cast our lot together by extending over us an identity of purpose, interests, and institutions. South Carolina desires no destiny separate from yours. To be one of a great slaveholding confederacy, stretching its arms over a territory larger than any power in Europe possesses — with a population four times greater than that of the whole United States when they achieved their independence of the British Empire — with productions which make our existence more important to the world than that of any other people who inhabit it — with common institutions to defend and common danger to en- counter, we ask your sympathy and your confederation. <( United together, and we must be the most independent, as we are the most important among the nations of the world. United to- gether, and we require no other instrument to conquer peace than our beneficent productions. United together, and we must be a great, free, and prosperous people, whose renown must be spread CHARLES D. DRAKE »939 throughout the civilized world, and pass down, we trust, to the re- motest ages. We ask you to join us in forming a Confederacy of Slaveholding States.** Senator Brown, of Mississippi, said: — "I want Cuba; I want Tamaulipas, Potosi, and one or two other Mexican States; and I want them all for the same reason — for the planting and spreading of slavery. And a footing in Central America will wonderfully aid us in acquiring those other States. Yes, I want those countries for the spread of slavery. I would spread the bless- ings of slavery, like the religion of our Divine Master, to the utter- most ends of the earth. . . . Whether we can obtain the territory while the Union lasts, I do not know; I fear we cannot, but I would make an honest effort, and if we failed I would go out of the Union and try it there. w Ex-Governor Call, of Florida, said: — (< Slavery cannot be stopped in its career of usefulness to the whole world. It cannot be confined to its present limits. Dire and uncontrollable necessity will compel the master and the slave to cut their way through every barrier which may be thrown around it, or perish together in the attempt. ... It may be in the providence of God that the American Union, which has cheered the whole world with its promises, like the star which stood for a time over the cradle of Bethlehem, may fall and lose its light forever. It may be, in his dispensation of human events, that the great American family shall be divided into many nations. But divided or united, the path of destiny must lead the Anglo-Saxon race to the mastery of this whole continent. And if the whole column shall not advance, this division of the race will, with the institution of African slavery, ad- vance from the banks of the Rio Grande to the line under the sun, establishing the waymarks of progress, the altars of the reformed re- ligion, the temples of a higher civilization, a purer liberty, and a bet- ter system of human government.* There, my friends, you have the open avowal of that empire of slavery which the South was to build upon the ruins of the Union, the broken ramparts of the Constitution, and the grave of Liberty. For such a cause as that the war was begun, for such a cause it is prosecuted, and to such an end it will go, if the Democracy can carry it there, even if the country go into the very jaws of hell. It is for the loyal men of the North, and for them alone, to say whether that cause shall triumph. 1940 HENRY DRUMMOND (1851-1897) 'ROFESSOR HENRY DRUMMOND'S address, * The Greatest Thing in the World,* has probably been circulated more extensively than any other address of the nineteenth century, and its place as one of the great classics of the language is already assured. This is partly due to the masterly simplicity of its style, but there is a deeper reason. After a quarter of a century of wrangling be- tween the "dons** of science and the doctors of theology, Drummond came to w speak with authority and not as the scribes.8 From the publication of Darwin's < Origin of Species,* until Drummond, as thorough-going an evolutionist as Darwin himself, published his < Nat- ural Law in the Spiritual World,* not a few supposed that a great conflict was in progress between Religion and Science. Under the in- fluence of Drummond's work, this idea lost its popularity, and when, some time after its delivery, his address, ( The Greatest Thing in the World,* was published, it had an unprecedented circulation, — a cir- culation which resulted in quieting the fears of the religious world, until then greatly apprehensive of what was called <( Darwinism. M Drummond was born at Stirling, Scotland, in 1851. As professor of biology in the Free Church College of Glasgow, he was brought into close touch with such great evolutionists as Spencer and Huxley; and as fully as they, he accepted the conclusion that all the forces of nature work continually to develop the higher forms of life from the lower. This central thought of evolution seemed to him to be in the fullest harmony with the central thought of Christianity, and he found in it an inspiration which gave him an almost prophetic earn- estness in pleading with his generation to hold to its old ideals and realize them through what he looked on as the new manifestations of their power in controlling the human mind and bringing it into closer touch with the order and harmony of nature. An ordained minister in the Free Church of Scotland, Professor Drummond diversified his work as a scientist by not less zealous work as an evangelist. He was a friend and pupil of Moody, but his greatest work has been in influencing the intellect of those who had become skeptical because changes in language and habits of ex- pression had made unintelligible or even repulsive to them what their ancestors had regarded with veneration as the deepest truths 1940 HENRY DRUMMOND (1851-1897) [ROFESSOR HENRY DRUMMOND'S address, < The Greatest Thing in the World,* has probably been circulated more extensively than any other address of the nineteenth century, and its place as one of the great classics of the language is already assured. This is partly due to the masterly simplicity of its style, but there is a deeper reason. After a quarter of a century of wrangling be- tween the "dons® of science and the doctors of theology, Drummond came to "speak with authority and not as the scribes.** From the publication of Darwin's ( Origin of Species,* until Drummond, as thorough-going an evolutionist as Darwin himself, published his < Nat- ural Law in the Spiritual World,* not a few supposed that a great conflict was in progress between Religion and Science. Under the in- fluence of Drummond's work, this idea lost its popularity, and when, some time after its delivery, his address, ( The Greatest Thing in the World,* was published, it had an unprecedented circulation, — a cir- culation which resulted in quieting the fears of the religious world, until then greatly apprehensive of what was called "Darwinism.** Drummond was born at Stirling, Scotland, in 1851. As professor of biology in the Free Church College of Glasgow, he was brought into close touch with such great evolutionists as Spencer and Huxley; and as fully as they, he accepted the conclusion that all the forces of nature work continually to develop the higher forms of life from the lower. This central thought of evolution seemed to him to be in the fullest harmony with the central thought of Christianity, and he found in it an inspiration which gave him an almost prophetic earn- estness in pleading with his generation to hold to its old ideals and realize them through what he looked on as the new manifestations of their power in controlling the human mind and bringing it into closer touch with the order and harmony of nature. An ordained minister in the Free Church of Scotland, Professor Drummond diversified his work as a scientist by not less zealous work as an evangelist. He was a friend and pupil of Moody, but his greatest work has been in influencing the intellect of those who had become skeptical because changes in language and habits of ex- pression had made unintelligible or even repulsive to them what their ancestors had regarded with veneration as the deepest truths «ECCE HOMO!* ' Photogravure after the P am ting by Antonio Cisert. ;ERHAPS no other painter has put more into his treatment of this sub- ject than Ciseri does in this painting. As Pilate leans forward to speak to the crowd in the street below, it is intended that we shall feel that the climax of Roman law and Hebrew ritual has come — that modern times have begun. HENRY DRUMMOND ,94, the human mind is capable of conceiving. It was in translating into modern forms these antique expressions of principle that Drummond most excelled. The ability to do this and at the same time to trans- late "scientific ideas into common English" was, without doubt, the chief source of his power. His address,